The European Commission has decided to send a reasoned opinion to Cyprus, one step before bringing a case against the country in front of the Court of Justice, for not having brought its rules affecting professionals in line with EU legislation on proportionality test, as part of its October package of infringement decisions against Member States that fail to comply with their obligations under EU law.

Cyprus, together with another seven member states, have two months to correctly transpose the relevant EU rules, something that they failed to despite having received letters of formal notice at different times since 2021.

In a press release, under the subheading of infringements related to the internal market, industry, entrepreneurship and SMEs, the Commission announces that it is sending reasoned opinions to Cyprus (INFR(2022)2055) as well as Bulgaria, Czechia, Greece, Croatia, Hungary, the Netherlands and Slovakia for not having correctly transposed EU rules on the proportionality test set at in the Proportionality Test Directive (Directive(EU) 2018/958).

While these procedures are moving to the next step of the infringement procedure, five other member states (Austria, France, Latvia, Lithuania, and Slovenia) have remedied the incorrect transposition issues identified in letters of formal notice.

The Proportionality Test Directive requires that any new or amended national rules affecting professionals must be subject to a thorough analysis of proportionality before their adoption and supported with evidence.

The Directive is one of the key tools for preventing unjustified restrictive national rules. Prevention has proved more effective than potential remedial action.

This, however, requires full and correct implementation by Member States. The Commission is today addressing the above Member States as it considers they have not correctly transposed the proportionality test obligations. In particular, the Commission has identified several issues, such as excluding rules that originate in national parliaments or in professional associations or bodies from the scope of the proportionality test obligation.

The Commission sent letters of formal notice to the concerned Member States in December 2021 and July 2022 and complementary letters of formal notice in February 2023. They now have two months to correctly transpose the Directive. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.