Single Market-related pending cases: 38(12 new cases, including 5 on transport, and 2 cases closed; last report: 28 pending cases) – sharp increase (by 10 cases) ending the impressive fall (-74%) in the number of cases since November 2010.
EU average = 31 cases
Belgium has the 5th highest percentage increase (+36%) within a year and is now above the EU average of pending 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 12 such cases, Belgium is above the EU average of 7 new cases launched within a year. In addition, only 2 Belgian cases have been resolved since December 2019 (when the EU average is 5).
Problematic sectors: transport (13 cases), including 6 on transport safety and 4 on air transport; direct taxation and environment (5 cases each) = 61% of all pending cases.
Average case duration:34.1 months for the 34 Single Market-related cases not yet sent to the Court (last report: 35.9 months) – new slight decrease by 1.8 months and duration of cases now below the EU average.
EU average = 37.3 months
Belgium is in a group of 8 Member States whose case duration decreased within a year. The number of Belgian cases that have been running for a long time (3 cases for between 5 and 7 years; 3 cases for between 9 and 14 years) is offset by the launch of a proportionately high number (12) of new cases (whose average duration is less than 12 months), which have a big impact on the average duration.
Compliance with Court rulings: 30.1 months for the 7 Single Market-related cases at this stage of the procedure and closed in the last 5 years (last report: 29 months).
EU average = 31.7 months
Belgium is in a group of 9 Member States whose average compliance increased within the last year, although to a moderate extent (+1.1 months). One case on direct taxation that needed almost 2 years for compliance is now more than 5 years old and is no longer part of the calculation. Out of the 7 remaining cases, 2 cases were solved more than 4 years after the Court ruling (1 on services and 1 on water management & protection) while only 2 cases were under the 18 months threshold for compliance.