Single Market-related pending cases: 48(6 new cases, including 3 in the environment sector, and 5 cases closed, including 3 on transport; last report: 47 pending cases) – new slight increase (by 1 case).
EU average = 31 cases
Germany is the Member State with the 4th highest number of pending cases (coming from the 3rd highest number in December 2019).
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 6 such cases, Germany is under 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 (9 cases), including 4 on atmospheric pollution; transport (8), including 4 on road and rail transport; taxation, direct taxation (3) and indirect taxation (7) = 56% of all pending cases.
Average case duration: 49.4 months for the 38 Single Market-related cases not yet sent to the Court (last report: 42.6 months) – new increase by 6.8 months and 2nd longest average duration among the Member States, well above the EU average.
EU average = 37.3 months
The reason for the long average duration of German cases is that several cases have been running for a long time (13 cases for between 5 and 12 years; 6 cases for between 3 and 5 years) and have a big impact on the average duration. On the other hand, the 6 German cases (whose average duration is less than 12 months) that have been launched within last year have little impact on the final result.
Compliance with Court rulings: 30.1 months for the 10 Single Market-related cases at this stage of the procedure and closed in the last 5 years (last report: 29.7 months).
EU average = 31.7 months
Germany is in a group of 9 Member States whose average compliance increased within the last year, although to a moderate extent (+0.4 month). This slight increase is because one case on direct taxation that needed almost 3 years for compliance was solved within the year and is now part of the calculation. Germany is above the 18-month threshold for compliance with Court rulings but now below the EU average time lag.