EU to refer Estonia to Court of Justice over failure to transpose ECN+ Directive

European Commission

Today, the Commission decided to refer Estonia to the Court of Justice of the European Union for failing to fully transpose the ECN+ Directive (Directive (EU) 2019/1) into national legislation.

The ECN+ Directive empowers national competition authorities to be more effective enforcers of EU antitrust rules by providing them with the necessary guarantees of independence, resources and the appropriate fining and enforcement tools, such as decision-making powers, effective leniency programmes and mechanisms for mutual assistance.

Member States had to adopt and publish the necessary measures to ensure the full transposition of the ECN+ Directive by 4 February 2021. To date, Estonia has not communicated to the Commission any transposition measures. Therefore, the Commission has decided to refer Estonia to the Court of Justice of the EU.

The Commission will continue to verify that Member States have adopted all the necessary measures to transpose the ECN+ Directive.

Background

Before deciding to refer Estonia to the Court of Justice of the EU for failing to transpose the ECN+ Directive, the Commission sent Estonia a letter of formal notice on 18 March 2021 and a reasoned opinion on 29 September 2022.

The Commission shall report to the European Parliament and to the Council of the European Union on the transposition and implementation of the Directive by 12 December 2024.

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