Court Orders Bulgaria to Pay EUR 1.9 Mln for Delayed Transposition of Electronic Tolling Directive

The Court of Justice of the European Union (CJEU) has ordered Bulgaria to pay a lump sum penalty of EUR 1.9 million concerning the delayed transposition of the European Electronic Tolling Service (EETS) directive (Directive (EU) 2019/520), according to a press release issued on Thursday. The CJEU determined that Bulgaria failed to meet its obligations under the directive by not adopting and notifying the European Commission of the necessary national legislative measures by the stipulated deadline of October 19, 2021. The core purpose of this directive is to ensure the interoperability of electronic road toll systems across the European Union and to facilitate the cross-border exchange of information when road charges are unpaid.

Although Bulgarian authorities eventually adopted and completed parts of the required legislation, leading the European Commission to withdraw its request for periodic penalty payments, the Commission retained its request for a lump sum fine. The CJEU rejected arguments presented by Bulgaria concerning political instability and the impact of the COVID-19 pandemic. The judgment emphasized that, based on established case law, a Member State cannot use internal difficulties to excuse non-compliance with its duties under European Union law.

The court specified that invoking force majeure is only permissible under extraordinary and unforeseeable circumstances that could not be avoided, conditions which the CJEU found were not met in this instance. Consequently, the CJEU imposed the lump sum financial penalty on Bulgaria.

Topics: #directive #bulgaria #european

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