The European Commission presented an update on Thursday on the progress of six infringement procedures against Bulgaria. In two of the cases, the Commission is referring Bulgaria to the Court of Justice of the European Union.
The European Commission has decided to refer Bulgaria to the Court of Justice of the European Union for failing to fully transpose into national law the EU rules on the internal market for electricity. Bulgaria was required to transpose the Directive by December 31, 2020. The Commission sent Bulgaria a letter of formal notice in February 2021 and a reasoned opinion in April 2023 after finding that not all provisions had been transposed. Based on Bulgaria’s replies and the national measures it notified, the Commission considers that the Directive is still not fully transposed. Key gaps concern third-party access to the network, the authorization procedure for new generation capacity, consumers’ right to participate in collective switching schemes, and requirements on the use of flexibility in distribution networks. The Commission also identified shortcomings in the tasks of the transmission system operator, notably regarding digitalization, data management and the provision of non-frequency ancillary services, as well as in the powers and duties of the national regulatory authority, including monitoring investment in generation and storage, self-generated electricity and citizen energy communities, and approving methodologies for ancillary services.
The Commission is continuing infringement proceedings against Bulgaria over amendments to its legislation on the acquisition of agricultural land. Under Bulgaria’s Agricultural Land Ownership and Use Act, individuals and legal entities seeking to acquire agricultural land must have been resident or established in the country for more than five years. Introduced in 2014, these rules significantly restrict the acquisition of agricultural land by foreign nationals and newly established entities. According to the Commission, they disproportionately restrict the free movement of capital and the freedom of establishment. In 2016, the Commission asked Bulgaria to address the issue. Despite subsequent discussions, the matter remains unresolved. The Court of Justice of the European Union clarified the issue in a January 18, 2024 ruling, finding that EU rules on the free movement of capital preclude national legislation requiring a person to have resided in an EU Member State for more than five years to purchase agricultural land. If Bulgaria fails to bring its legislation into line with EU law within two months, the Commission may refer the case to the Court of Justice of the European Union, the press release said.
The Commission has decided to refer Bulgaria to the Court of Justice of the European Union over its failure to transpose EU rules on hired vehicles. The rules establish minimum requirements for the use of vehicles hired without drivers for transporting goods. Common requirements can reduce costs and increase flexibility for businesses transporting goods by road. EU Member States were required to transpose the changes by August 6, 2023, but Bulgaria failed to meet the deadline. According to the Commission, only one provision has been transposed, and the efforts made by the Bulgarian authorities have been insufficient.
The European Commission has sent an additional formal notice to Bulgaria for failing to comply with the rules on digital services. The Commission already raised concerns in May 2025 that Bulgaria was not fully complying with the rules. EU Member States are required to designate Digital Services Coordinators – national authorities responsible for enforcing the rules within their jurisdiction. Digital Services Coordinators must ensure the full application of certain provisions in their respective countries. Following the Commission’s formal notice and subsequent reasoned opinion, Bulgaria adopted legislation empowering one of the authorities to act as a Digital Services Coordinator. According to the Commission, however, Bulgaria is still failing to meet the requirements, as it has not designated and empowered the Commission for Personal Data Protection and the Council for Electronic Media as national authorities that will complement the national enforcement framework for the EU’s digital services rules. Bulgaria has also incorrectly applied the powers to impose penalties, as its legislation does not always comply with the maximum limits for fines, nor does it ensure that all penalties are effective, proportionate and dissuasive, including by providing for different treatment of natural and legal persons. Bulgaria has two months to respond and remedy the shortcomings identified. If the response is not satisfactory, the Commission may proceed with the infringement procedure.
The Commission is pursuing infringement procedures against Bulgaria, Czechia, Spain, Cyprus, Luxembourg, Poland and Romania over their failure to transpose rules on waste electrical and electronic equipment. The deadline for transposing the legislative changes expired on October 9, 2025. The new EU rules aim to promote the reuse, recycling and recovery of such waste. They require producers to cover the costs of managing waste from photovoltaic panels in all EU Member States, including where the panels were placed on the market before the amendments entered into force. Last November, the Commission sent letters of formal notice to the countries concerned, but they have yet to report full transposition of the amendments. The Commission is giving them two months to respond, after which it may decide to refer the cases to the Court of Justice of the European Union, the press release said.
The European Commission has sent a reasoned opinion to Bulgaria, Czechia, Estonia, Ireland, Spain, France, Croatia, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania and Slovenia for failing to notify the Commission of the full transposition of the rules on consumer credit agreements. The deadline for transposition expired on November 20, 2025, and in January this year the Commission opened infringement procedures against the countries concerned. The countries have two months to respond. If their replies are not satisfactory, the Commission may refer the cases to the Court of Justice of the European Union and request that fines be imposed, the Commission said.
EC Refers Bulgaria to EU Court of Justice in Two Infringement Cases, Takes Action in Four Others 2026 THE NEWS FROM BULGARIA – NEWS AGENCY 2009-2025 2026-10-01 12:52:00
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