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[...] The Commission sent a reasoned opinion to 11 EU Member States on 28 May 2015 (IP/15/5057), asking them to transpose the BRRD. As full transposition of the new rules did not occur in six EU Member States, they are now being referred to the Court.
Referrals to the Court imply the imposition of, at least, a daily penalty payment until full transposition has taken place. The amount of such penalties are calculated in a way that takes into account the payment capacity, the duration and degree of seriousness of the infringement of the Member State concerned. The Commission can decide to withdraw this case in the event that a Member State implements the EU rules in question. [...]
October infringements package: key decisions
[...] In its monthly package of infringement decisions, the European Commission is pursuing legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering many sectors and EU policy areas (see Annex 1), aim to ensure proper application of EU law for the benefit of citizens and businesses.
The key decisions taken by the Commission (including 19 reasoned opinions and 10 referrals to the Court of Justice of the European Union) are presented below and grouped by policy area. The Commission is also closing 53 cases where the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further. [...]
3. Financial Stability, Financial Services and Capital Markets Union
Referrals to the Court of Justice of the European Union
Commission refers six Member States to the Court of Justice of the EU for failing to transpose EU rules on Bank Recovery and Resolution
The European Commission has decided to refer the Czech Republic, Luxembourg, the Netherlands, Poland, Romania and Sweden to the Court of Justice of the European Union (the Court) for failing to implement the Bank Recovery and Resolution Directive (BRRD). This Directive (2014/59/EU) is a centre-piece of the regulatory framework that was put in place to create a safer and sounder financial sector in the wake of the financial crisis. It is also important for the EU's Banking Union. The new BRRD rules equip national authorities with the necessary tools and powers to mitigate and manage the distress or failure of banks or large investment firms in all EU Member States. The objective is to ensure that banks on the verge of insolvency can be restructured without taxpayers having to pay for failing banks to safeguard financial stability. To this end, they provide inter alia for shareholders and creditors of the banks to pay their share of the costs through a "bail-in" mechanism. It is crucially important that such rules are in place in all Member States. The deadline for the transposition of these rules into national law was 31 December 2014. The Commission sent a reasoned opinion to 11 EU Member States on 28 May 2015, asking them to transpose the BRRD. As full transposition of the new rules did not occur in six EU Member States, they are now being referred to the Court. Referrals to the Court imply the imposition of, at least, a daily penalty payment until full transposition has taken place. The amount of such penalties are calculated in a way that takes into account the payment capacity, the duration and degree of seriousness of the infringement of the Member State concerned. The Commission can decide to withdraw this case in the event that a Member State implements the EU rules in question. [...]
5. Taxation and Customs Union
A reasoned opinion
Taxation: Commission asks POLAND to stop discriminatory tax treatment of pensions contributions paid to Individual Pension Insurance Accounts (IKZE)
The European Commission has asked Poland to change its national tax rules, which treat contributions to certain private pension accounts opened in Polish financial institutions more favourably than those opened in other Member States. National provisions of Poland stipulate that private pension contributions are only tax deductible when they are paid into Individual Pension Insurance Accounts (IKZE) opened by Polish investment funds, exchange maker houses, insurance establishments, banks and pension funds. Such domestic payments are, therefore, treated more favourably than contributions paid into similar financial products and institutions established in other EU Member States and EEA States. Such a difference in tax treatment may constitute an infringement of the freedom to provide services and the free movement of capital as set out in EU Treaties. The Commission's request takes the form of a reasoned opinion. In the absence of a satisfactory response within two months, the Commission may refer Poland to the Court of Justice of the EU.
Full press release (with charts)