Pre-infringement dialogue

The pre-infringement dialogue is a mechanism for informal exchange between the Commission and the Member State concerned on issues relating to potential non-compliance with EU law. It can be used before launching a formal infringement procedure.

The pre-infringement dialogue in practice

In line with the Communication EU law: Better results through better application (C/2016/8600), the Commission applies the pre-infringement dialogue whenever it is considered useful in a given case. It is not a mandatory step preceding each infringement procedure, but can be used when the issue is likely to be resolved through informal dialogue. Acting on its own initiative or in response to a complaint, the Commission may also need to gather information as to whether EU law is being complied with.

The Commission and Member States share information on pre-infringement dialogues using a common IT communication tool.

In general:

1. The Commission sends a query to the Member State concerned, which as a rule has 10 weeks to reply.
2. The Commission then, as a rule, has 10 weeks to assess the Member State’s response.
3. If the response is unsatisfactory, the Commission may start an infringement procedure.
4. Additional exchanges may occur, with a view to finalising the informal dialogue within 9 months.

The pre-infringement dialogue and the Single Market – why does it matter?

The pre-infringement dialogue is used to address potential breaches of EU law - within and beyond Single Market legislation - through close informal cooperation between the Commission and the Member State concerned. The informal dialogue with the Member State may either lead to the issue at stake being resolved or help the Commission identify more clearly potential breaches of EU law requiring the launch of an infringement procedure. The information in the IT system complements data on infringements by giving the Commission an insight into potential non-compliance with EU law.

• The Commission used the pre-infringement dialogue to efficiently check and clarify transposition issues and to gather additional factual or legal information from Member States.
• The figures for 2025 (reference period of January to November 2025) show again a rise of new pre-infringement dialogues. During the reference period, the Commission has initiated 255 new dialogues (compared to 168 in 2024).
• With 75% of pre-infringement dialogues closed without launching an infringement procedure, the dialogues remain very efficient and similar to previous years.
• The policy areas with the most pre-infringement dialogues proposed for formal infringement procedures are hydrocarbons (10 cases), water (6 cases) and consumer and marketing law (6 cases).
• Out of the 286 dialogues closed between January and November 2025, more than 20% have been initiated in 2025. This shows that the pre-infringement dialogue has the potential to achieve swift results and to efficiently collect information. 

The Commission’s objective is to further improve the effectiveness, efficiency and speed of the pre-infringement dialogue, in line with its enforcement policy and in close cooperation with the Member States.

In 2025, the Commission has upgraded the IT tool used by Commission services and Member States to conduct the dialogues, which will lead to further efficiency gains.

The scope of the pre-infringement dialogue goes beyond Single Market legislation and covers the whole body of EU law. Therefore, the information provided below is not only limited to Single Market issues but also includes other areas of EU legislation. For complete information on the enforcement action of the Commission during the period 1 January - 31 July 2025, including the pre-infringement dialogues, see the 2025 Annual Overview Report on Simplification, Implementation, and Enforcement and the 2025 Annual Progress Reports on Simplification, Implementation and Enforcement.