The European Commission has decided to take legal action against Germany, Hungary, and Austria by referring them to the Court of Justice of the European Union. This decision comes after these countries voted in favor of a recommendation at the Danube Commission that may affect EU rules or alter their scope, without following the required procedures under EU treaties.
During the 96th plenary session of the Danube Commission on December 14, 2021, these member states supported a decision regarding vessel crew documents. This area is governed by EU legislation, specifically Directive (EU) 2017/2397 and Directive (EU) 2021/1233. The vote was cast before a Council decision could establish a unified Union position, despite requests from the European Commission not to proceed without such a decision. The actions were deemed as violations of the EU’s exclusive external competence and the principle of sincere cooperation.
Following this incident, formal notices were sent to Germany, Hungary, and Austria. These were followed by reasoned opinions on July 25, 2024. The three nations contested the Commission’s stance but did not sway its conclusion that they had breached specific treaty articles.
The background involves the Danube Commission established by an international convention signed in Belgrade in 1948. The disputed recommendation is considered legally significant under Article 218(9) TFEU and falls within Union exclusive competence. Member States are required to vote based on a Council decision for a unified position.
The European Commission maintains that Germany, Hungary, and Austria acted outside their remit by voting independently without awaiting an official EU position on the matter. Consequently, it has referred these cases to the Court of Justice of the European Union for resolution.
