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 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). 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 specified deadline of October 19, 2021. The purpose of this directive is 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 required legislation during the court proceedings, leading the European Commission to withdraw its request for periodic penalty payments, the Commission maintained its request for a lump sum penalty. The CJEU dismissed Bulgaria’s defenses, which cited political instability and the COVID-19 pandemic. The judgment emphasized that, consistent with established case law, a Member State cannot use internal difficulties to justify non-compliance with its obligations under European Union law.

The Court specified that invoking force majeure requires extraordinary and unforeseeable circumstances that could not have been avoided, and no such conditions were established in this instance. Consequently, the CJEU imposed the specified lump sum financial penalty on Bulgaria.

Topics: #directive #bulgaria #european

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