Source: European Parliament
Following letters of formal notice sent to 24 Member States in July 2021 and reasoned opinions sent to 17 Member States in January 2023, including Denmark, for the non-conformity of their national measures with the Enforcement Directive on the Posting of Workers[1], the Commission closed infringement proceedings concerning 18 Member States[2] between March 2024 and May 2025.
At this stage, the ongoing infringement proceedings concern six Member States (A ustria, Belgium, Denmark, France, Luxembourg and the Netherlands).
Main issues identified in those infringements relate to administrative requirements and control measures (Article 9), penalties (Article 20), as well as cross-border enforcement of penalties and fines (Chapter VI) of the directive.
The Commission is currently assessing the measures at issue in the context of the ongoing infringement procedures, including the one against Denmark.
In determining the appropriate next steps, the Commission is mindful of the need to ensure equal treatment among all Member States for which it has identified similar concerns, in accordance with the principles of fairness and consistency in enforcement.
If the Commission deems national measures not to be in line with the directive, it will continue to follow the stages of infringement proceedings, including possible referral to the European Court of Justice.
- [1] Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the internal market Information System (‘the IMI Regulation’), OJ L 159, 28.5.2014, p. 11-31.
- [2] Bulgaria, Croatia, Cyprus, Czechia, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia.