The European Commission has decided to refer Germany, Hungary, and Austria to the EU Court of Justice. They failed to meet their obligations under EU treaties when adopting a recommendation within the Danube Commission that could affect EU rules.
On December 14, 2021, during the 96th plenary session of the Danube Commission, Germany, Hungary, and Austria voted on a decision concerning vessel crew documents, which is covered by EU legislation (Directive (EU) 2017/2397 and Directive (EU) 2021/1233). This vote was cast without an established EU position by the Council, violating the EUs exclusive external competence (art.3(2) TFEU) and the principle of sincere cooperation (art 4(3) TEU).
The Commission issued formal notices and reasoned opinions to the three member states, but their responses contested the Commissions stance. Upon review, the Commission confirmed that Germany, Hungary, and Austria violated the mentioned articles.
Therefore, the Commission has decided to refer them to the Court of Justice of the European Union.
Background
The Danube Commission was established by the Convention on the regime of navigation on the Danube, signed on August 18, 1948. The recommendation from the Danube Commission is a legally binding act under the EUs exclusive competence. Member states may only vote on such matters based on a Council decision establishing a unified EU position.
Before the vote, the Commission informed Germany, Hungary, and Austria that an EU position was needed. Nevertheless, these member states voted unilaterally without waiting for a Council decision. The Commission concluded that they violated the EUs exclusive external competence and the principle of sincere cooperation.
After reviewing responses from Germany, Hungary, and Austria, the Commission maintains that the member states acted in violation of treaty provisions by voting without a Council decision. Consequently, the case has been referred to the EU Court of Justice.
More Information
Infringement decisions database
Infringement procedure Germany (INFR(2022)2046)
Infringement procedure Hungary (INFR(2022)2048)
Infringement procedure Austria (INFR(2022)2045)