Brussels, 10/07/2014 (Agence Europe) - On Thursday 10 July, the European Commission referred Austria and Poland to the Court of Justice of the European Union for failing to transpose Directive 2010/31/EU on the energy efficiency of buildings. This directive was due to be transposed fully into national law by 9 July 2012 at the latest. In referring these member states to the Court, the Commission proposes a daily penalty of €39,592.80 for Austria and €96,720 for Poland. If the Court confirms these sums, they will be due from the date of the judgment until transposition of the directive is complete. The Court will decide on the final amount of the daily penalty.
Under Directive 2010/31/EU, member states must establish and apply minimum energy performance requirements for all buildings, ensure the certification of buildings' energy performance, and require the regular inspection of heating and air conditioning systems. In addition, member states must ensure that by 2021 all new buildings are so-called nearly zero-energy.
The European Commission sent Austria and Poland a letter of formal notice in September 2012 as regards the transposition of Directive 2010/31/EU. Reasoned opinions were then sent to Poland in June 2013 and to Austria in September 2013. The Commission notes that the transposition of the directive has still not been completed in these two member states - where there is still a lack of measures as regards energy certificates, minimum energy performance requirements and zero energy buildings.
Previously, the Commission referred Finland and Belgium to Court on 16 April for similar reasons. The Commission is currently also examining the situation in Italy, Luxembourg, the Netherlands, the Czech Republic and Slovenia - to which reasoned opinions for incomplete transposition have been addressed. On Thursday, the Commission warned that referrals to the Court might follow against these countries in the months to come. (EH)