The Court of Justice of the European Union (CJEU) has mandated that Bulgaria pay a lump sum penalty of EUR 1.9 million concerning the delayed implementation of the European Electronic Tolling Service (EETS) Directive (Directive (EU) 2019/520). The CJEU determined that Bulgaria failed to meet its obligations under the directive by not adopting and notifying the European Commission of the requisite measures for incorporating the law into national legislation by the stipulated deadline of October 19, 2021. This directive is designed to ensure the interoperability of electronic road toll systems across the European Union and to streamline the cross-border exchange of information when road charges remain unpaid.
Although Bulgarian authorities eventually adopted and completed parts of the necessary legislation during the proceedings, leading the European Commission to withdraw its request for periodic penalty payments, the Commission maintained its claim for a lump sum penalty. The CJEU dismissed Bulgaria’s arguments that cited political instability or the impact of the COVID-19 pandemic as justification for non-compliance. The court’s judgment established that, according to established case law, a Member State cannot use internal difficulties to excuse failure to adhere to its obligations under European Union law.
Furthermore, the CJEU noted that invoking force majeure requires the presence of extraordinary and unavoidable circumstances, which were not established in this instance. Consequently, the CJEU imposed the specified lump sum financial penalty on Bulgaria.
Topics: #directive #bulgaria #european
It seems the EU court is serious about enforcing transposition deadlines with significant financial penalties.
What specific actions must Bulgaria take to ensure full compliance with the EETS Directive moving forward?