Developments in PIL

European Commission Takes Action for Failing to Implement Representative Actions Directive

The European Commission is adopting a package of infringement decisions due to the absence of communication by Member States of measures taken to transpose EU directives into national law. Among these, the Representative Actions Directive (EU) 2020/1828, whose description can be found in this blog.

Since the Representative Actions Directive entered into force in December 2020, Member States had two years to transpose it into their national law and to inform the Commission, with a further six months for the new provisions to come into effect.

While there is work ongoing in most Member States on adopting the laws, a large number of Member States failed to notify national measures fully transposing the Representative Actions Directive by the deadline set for 25 December 2022 and will therefore be receiving letters of formal notice: Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Luxembourg, Malta, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden.

Member States concerned now have two months to reply to the letters of formal notice and complete their transposition, or the Commission may decide to issue a reasoned opinion.

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