Single Market-related pending cases: 35(5 new cases and 5 cases closed; last report: 35 pending cases) – stable result compared to last year but above the moderate number of cases pending against Austria between May 2012 and December 2018 (between 23 and 29 cases).
EU average = 31 cases
Austria is now above the EU average number of pending cases but no longer in the top 10 Member States with the highest number of cases.
The last year has seen the launch of 198 new cases (not including those for late transposition), which were still pending on 1 December 2020. With 5 such cases, Austria is below the EU average of 7 new cases launched within a year. It equals the EU average number of cases that have been resolved since December 2019 (5).
Problematic sectors: environment (10 cases) and transport (7), including 3 on air transport = 49% of all pending cases.
Average case duration:36.5 months for the 27 Single Market-related cases not yet sent to the Court (last report: 29.3 months) – marked increase by 7.2 months and the longest average case duration ever for Austria (but the duration of cases remains below the EU average).
EU average = 37.3 months
The 3 Austrian cases with considerable duration of between 9 and 10 years are on air transport, environmental impact and free movement of people. The launch of 5 new cases (less than 1 year old) and the resolution of 4 cases with an average duration of around 2 years have a moderate impact on the calculation.
Compliance with Court rulings: 54.7 months for the 3 Single Market-related cases at this stage of the procedure and closed in the last 5 years (last report: 74.4 months).
EU average = 31.7 months
This is the 3rd highest decrease among the 24 Member States that complied with the Court’s judgments within the last 5 years (-19.7 months). Austria is no longer the Member State with the longest time lag for compliance (it is now in 4th position). Within the year, it managed to solve a case on indirect taxation with quite short time lag (15.4 months), which moderates the average compliance duration of its 2 other cases (in particular 1 on education that was solved more than 11 years after the Court ruling).