Commission refers Germany to Court over failure to transpose WEEE Recast

EU commission

June 2015

The European Commission has referred Germany to the European Court of Justice on the grounds that Germany has failed to transpose the WEEE Recast Directive.

The revision of the WEEE Directive should have been enacted into national law by 14 February 2014. As covered in a previous news article, the Recast makes several significant changes to the old WEEE Directive, such as increased collection targets (45% of EEE sold in 2016 and 65% in 2019).

The Commission is asking the Court that Germany incurs a penalty of EUR 210,078 per day until the law is enacted in this country.

Article 260(3) TFEU states that if a Member State fails to transpose an EU legislative Directive into national law within the required deadline, the Commission may ask the Court to impose financial sanctions at the first referral to Court, without having to return to the Court for a second ruling. The penalties take into account the seriousness and duration of the infringement. In the case of Germany, they consist of daily penalty payments proposed to be paid from the date of the judgment – assuming the Member State is still not compliant – until the transposition process is completed.

Slovenia and Poland have also been referred to Court for similar reasons. For Poland, the Commission is asking the Court to impose penalty payments of EUR 71,610 per day until the law is enacted. For Slovenia, the Commission is asking the Court to impose penalty payments of EUR 8,408.4 per day until the law is enacted.