EU Commission Initiates Several Infringement Proceedings Against Austria
The European Commission has initiated a series of infringement proceedings against Austria. Brussels sees considerable omissions in several areas - from customs and labor law to environmental law. Particularly explosive is a complaint before the European Court of Justice (ECJ) due to a far-reaching dispute of competence in the Danube Commission, which is steeped in tradition. Austria is therefore facing a wide range of accusations under European law.
The EU Commission has brought Austria, Germany, and Hungary to the European Court of Justice due to their 2021 vote in favor of a Danube Commission decision. / Picture: © Marina bauer, CC BY-SA 4.0 , via Wikimedia Commons
The European Commission has initiated several infringement proceedings against Austria. The allegations include shortcomings in customs systems, working time regulations, environmental impact assessments, and a conflict of jurisdiction in the Danube Commission.
Outdated customs systems - Austria under pressure to act
A key infringement procedure concerns Austria's delay in introducing modernized customs systems. According to EU insiders, together with five other member states (including Belgium and Italy), Austria has failed to implement the so-called “electronic temporary storage system for air transport” and a national import system on time by the end of 2023. These systems are part of a comprehensive digital EU customs package intended to ensure the seamless traceability and faster processing of goods.
It also involves the obligation to transmit certain customs data to Brussels via the central EU platform SURV3. Austria, like other affected countries, has instead continued to rely on outdated data formats and incomplete data records. The Commission sees this as a clear violation of the Customs Code and warns of distortion of competition and security risks.
Working time law: criticism of conditions at Post and Telekom
Another procedure is directed against labour law provisions in the area of public and partially nationalized companies, specifically: Post and Telekom Austria. According to the EU Commission, the Austrian regulations violate the EU Working Time Directive on several points: the minimum daily rest period is not always guaranteed, vacation substitutions are not sufficiently regulated, and there are unclear or disadvantageous provisions regarding paid annual leave.
An initial statement from the Austrian Ministry of Social Affairs emphasized that “national legislation is in line with social standards”. However, Brussels takes a different view and is now demanding corrections within a two-month period. Failure to do so could result in a referral to the ECJ.
Danube Commission: a deep breach between EU law and international river law
One procedure involving Austria, Germany, and Hungary is particularly controversial - and at first glance appears to be a marginal legal issue, but in reality reveals a fundamental conflict of competence between the EU and older institutions under international law. It concerns the so-called Danube Commission - an intergovernmental organization based in Budapest that has regulated free navigation on the Danube since 1948.
In 2021, Austria, Germany, and Hungary voted in the Danube Commission in a decision to recognize certain ship crew documents, which the EU Commission considers to fall under EU law. Brussels is now accusing the three states of acting on their authority and violating the primacy of EU law. The Commission considers itself snubbed by the voting behavior and has now filed a complaint with the ECJ.
The proceedings could have far-reaching consequences beyond this specific case. This is because it raises the question of how far Member States are still allowed to act autonomously in decisions in international bodies when the subject areas are actually regulated by EU law.
EIA Directive: Insufficient protection for the environment and the public
Brussels also sees a considerable need for action in Austria in the area of environmental law. Together with Hungary, Austria is accused of not having properly implemented the EU Environmental Impact Assessment (EIA) Directive. The directive obliges member states to carry out a comprehensive assessment of the environmental impact of major infrastructure or development projects, including public participation.
According to the Commission, Austrian law leaves serious gaps, particularly in the assessment of cumulative impacts and in the definition of threshold values for projects subject to mandatory assessment. Environmental organizations had previously criticized the fact that numerous construction projects, for example, in the transport and energy sectors, had been approved in Austria without a meaningful environmental impact assessment.
What now? Two-month deadline - after which the ECJ threatens
In all cases, the Commission has sent letters of formal notice - the first step in the multi-stage infringement procedure. Austria now has two months to respond to the allegations and, if necessary, initiate corrections.
If the responses are deemed inadequate, the Commission can issue a “reasoned opinion” - the last step before a possible appeal to the European Court of Justice.
A reflection of structural weaknesses?
The concentrated number of proceedings - in four key policy areas - sheds light on deeper structural problems. Although infringement proceedings are not uncommon, the extent of the current criticism is remarkable. In EU circles, it is pointed out that Austria has recently attracted attention on several occasions due to delays in the implementation of EU directives - a symptom of a lack of political coordination between national ministries, federal competencies, and obligations under European law.
It remains to be seen whether the procedures will lead to a course correction or whether Austria is preparing itself for protracted legal disputes. One thing is certain: the next Brussels review will be awaited with particular interest in Vienna.