The EU Commission is taking legal steps against Sweden for not implementing RED III with regards of simplifying and shortening the permitting procedures for renewable energy projects.
”EC decided to refer Sweden to the Court of Justice of the European Union with a request to impose financial sanctions in accordance with Article 260(3) TFEU for failing to transpose into national legislation the EU’s recent rules to accelerate permitting procedures for renewable energy installations, which were introduced by Directive (EU) 2023/2413 amending Directive (EU) 2018/2001 on the promotion of energy from renewable sources,” reads a EC release.
Sweden was required to transpose by 1 July 2024 a first set of provisions of the Directive, simplifying and shortening the permitting procedures for renewable energy projects. The Commission sent Sweden a letter of formal notice in September 2024 and a reasoned opinion in February 2025 for not having notified any transposition measures. To date, more than a year after the transposition deadline expired, Sweden has still not notified any transposition measures. Failure to notify transposition measures can be pursued and fined under Article 260(3) TFEU since it is considered that no transposition has taken place. Therefore, the Commission is referring Sweden to the Court of Justice of the European Union.
When it comes to the enforcement of Directive (EU) 2023/2413, the Commission has so far initiated infringement procedures against all 27 Member States for failure to notify complete transposition measures of the Directive by the deadline of 1 July 2024.
Directive (EU) 2023/2413 amended Directive (EU) 2018/2001 in order to increase the use of renewable energy in the Union as a means to increase energy independence, especially after Russia’s war of aggression towards Ukraine, reduce energy prices and decarbonise the energy sector. Directive (EU) 2023/2413 entered into force in November 2023 and has two transposition deadlines: most of its provisions had to be transposed by 21 May 2025, but some of them, related to the permitting procedures for renewable energy projects, had to be transposed into national law by 1 July 2024. These provisions include measures to simplify and accelerate permitting procedures both for renewable energy projects and for the infrastructure projects which are necessary to integrate the additional capacity into the electricity system. They also include clear time limits for permit-granting procedures targeted to specific technologies or types of projects, the strengthening of the role of the single contact point for applications and the presumption that renewable energy projects and the related grid infrastructure are of overriding public interest.
Under Article 258 of the Treaty on the Functioning of the EU (TFEU), if the Member State concerned does not comply with the reasoned opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union. Additionally, under Article 260(3) TFEU, the Commission can call on the Court of Justice of the EU to impose financial sanctions on the Member States that failed to fulfil their obligation to notify measures transposing a legislative directive.
The procedure begins with a letter of formal notice, through which the European Commission informs the Member State of the alleged failure to comply with EU law and invites it to submit observations within a specified period. Should the Member State fail to provide a satisfactory response or to remedy the situation, the Commission may proceed with a reasoned opinion—a detailed statement setting out the legal grounds and arguments for the alleged infringement, and granting a final deadline for compliance.
If the Member State continues to disregard its obligations after this stage, the Commission may refer the case to the Court of Justice of the European Union under Article 258 TFEU, requesting a formal judgment confirming the breach. Where the infringement concerns the failure to notify measures transposing a directive, the Commission may, under Article 260(3) TFEU, accompany this referral with a request for financial sanctions—allowing penalties to be imposed already at the first Court ruling.
In cases where the Court finds an infringement and the Member State still does not comply, the Commission may return to the Court under Article 260(2) TFEU to seek the imposition of lump-sum or daily fines until full compliance is achieved. This step-by-step process reflects the Commission’s dual role as guardian of the Treaties and ultimate enforcer of EU law, ensuring that directives such as RED III are effectively transposed and implemented across all Member States.
At present, Romania has 14 active infringement cases in the field of energy.
