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Application > EU Law

Infringements of EU law

Each Member State – including Spain – is responsible for the implementation of EU law (adoption of implementing measures* before a specified deadline, conformity and correct application) within its own legal system. Under the Treaty on the Functioning of the European Union (TFEU), the Commission of the European Communities is responsible for ensuring that EU law is correctly applied. Consequently, where a Member State fails to comply with EU law, the Commission has powers of its own (action for non-compliance) to try to bring the infringement to an end and, where necessary, refer the case to the European Court of Justice.

The Commission takes whatever action it deems appropriate in response to either a complaint or indications of infringements which it detects itself. Non-compliance means failure by a Member State to fulfil its obligations under EU law. It may consist either of action or omission. The term State is taken to mean the Member State which infringes EU law, irrespective of the authority – central, regional or local – to which the compliance is attributable.

Exercise your rights

EU law – which has equal force with national law – confers rights and obligations on the authorities in each Member State, as well as individuals and businesses. The authorities in each Member State are responsible for implementing EU legislation in national law and enforcing it correctly, and they must guarantee citizens’ rights under these laws. Anyone may lodge a complaint with the Commission against a Member State for any measure (law, regulation or administrative action) or practice attributable to a Member State which they consider incompatible with a provision or a principle of EU law.

You do not have to demonstrate a formal interest in bringing proceedings. Neither do you have to prove that you are principally and directly concerned by the infringement complained about. To be admissible, a complaint has to relate to an infringement of EU law by a Member State. It cannot therefore concern a private dispute.

Method of submitting a complaint

Complaints must be submitted by a lawyer (with accreditation in the EU)  in writing. It is very important for the complaint papers to be complete and accurate, particularly as regards the facts complained of in relation to the Member State – in this case Spain –  in question, any steps which you have already taken at any level and, as far as possible, the provisions of EU law which you consider to have been infringed and any involvement of an EU funding scheme.

LEGEND:

*What are “national implementing measures”?