The Court of Justice of the European Union (CJEU) has mandated that Bulgaria pay a lump sum penalty of EUR 1.9 million following its failure to properly transpose the European Electronic Tolling Service (EETS) Directive (Directive (EU) 2019/520). The CJEU determined that Bulgaria did not meet its statutory obligations under the specific directive by failing to adopt and notify the required national legislative measures to the European Commission by the deadline of October 19, 2021. The purpose of this European legislation is to ensure the interoperability of electronic road toll systems across the Union and to streamline the exchange of information concerning unpaid road charges at borders.
Although Bulgarian authorities eventually enacted the necessary components of the law, the court ruling addressed the initial delay. Consequently, while the European Commission withdrew its request for recurring penalty payments, it maintained its demand for a lump sum penalty. The CJEU specifically rejected the arguments put forward by Bulgaria concerning political instability or the impact of the COVID-19 pandemic.
The judgment clarified that, according to established EU case law, a Member State cannot use internal difficulties as justification for non-compliance with its obligations under EU law. The court stipulated that invoking force majeure requires proof of extraordinary and unforeseeable circumstances that could not have been avoided, which were not established in this case. With this judgment, the CJEU imposed the specified financial penalty on Bulgaria.
Topics: #directive #bulgaria #european
It’s concerning that a member state still struggles with implementing directives from the CJEU.
What specific actions must Bulgaria take to ensure full compliance with the EETS Directive moving forward?