The Commission has issued reasoned opinions—a formal step in infringement procedures—to Bulgaria, Greece, Spain, Italy, Luxembourg, Malta, Poland, and Portugal for not transposing the Eurovignette Directive (Directive 1999/62/EC, as amended by Directive (EU) 2022/362).
The Eurovignette Directive sets out common EU rules for road tolls and time-based user charges (vignettes). Recent amendments expanded its scope to cover passenger cars, buses, coaches, and smaller heavy-duty vehicles, and introduced environmental charges based on vehicles’ CO2 emissions. The aim is to incentivise cleaner vehicles and reduce emissions.
Member states were required to transpose the updated rules into national law by 25 March 2024, but all eight countries failed to notify the Commission of compliance measures.
The reasoned opinions give these countries two months to act, either by implementing the necessary legislation or providing explanations. Failure to comply could lead to cases being referred to the Court of Justice of the European Union (CJEU), potentially resulting in financial sanctions.
Italy accused of discrimination against foreign hauliers
Separately, the Commission has opened an infringement procedure against Italy for failing to ensure equal treatment of foreign hauliers under Regulation (EC) No 1072/2009, which governs access to the international road haulage market.
The Commission raised concerns over Italy’s fines payment system, which disproportionately affects foreign hauliers. Italian law allows fines to be paid via bank transfers or cash, but delays in processing international bank transfers often leave foreign vehicles immobilised longer than those registered in Italy. This results in foreign drivers facing additional costs, such as parking fees, which increase their overall penalties.
To address this, the Commission sent a letter of formal notice to Italy, giving it two months to respond and rectify the issue. If Italy fails to act, the Commission may escalate the matter by issuing a reasoned opinion.
What is a ‘reasoned opinion’?
A reasoned opinion is the second step in the EU’s infringement procedure, following a letter of formal notice. It outlines the legal arguments behind the Commission’s claim and gives the countries a final opportunity to comply with EU law before being referred to the CJEU. In May, 16 countries (Belgium, Bulgaria, Croatia, Cyprus, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovenia, Slovakia and Spain) received such reasoned opinions from the EC for non-compliance with the Eurovignette Directive.
If a Member State does not respond satisfactorily or fails to take corrective measures, the Commission can escalate the case to the CJEU. Should the court rule against the Member State, it may face financial penalties, including lump-sum fines or daily payments until compliance is achieved.