Single Market-related pending cases: 24 (4 new cases and 6 cases closed; last report: 26 pending cases) – slight decrease by 2 cases and in a group of 5 Member States that reduced their number of cases within a year.
EU average = 31 cases
The number of Dutch pending cases has remained constant over the past 6 years (between 18 and 26 cases), well below the EU average 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 4 such cases, the Netherlands is below the EU average of 7 new cases launched within a year. In addition, 6 Dutch cases have been resolved since December 2019, which is more than the EU average (5) of such cases.
Problematic sectors: transport (6 cases), including 3 on air transport; environment (5) and energy (4) = 63% of all pending cases.
Average case duration: 42.6 months for the 23 Single Market-related cases not yet sent to the Court (last report: 38.5 months)– new increase by 4.1 months and duration of cases now above the EU average.
EU average = 37.3 months
Seven Dutch cases in the sectors of transport, direct taxation and services have been ongoing for between 5 and 13 years and are weighing heavily in the calculation of the average duration. Nevertheless, the country has recently managed to resolve 6 cases with an average duration of almost 2 years, which moderate the final result.
Compliance with Court rulings: 25.5 months for the 3 Single Market-related cases at this stage of the procedure and closed in the last 5 years (last report: 24.9 months).
EU average = 31.7 months
The Netherlands is in a group of 9 Member States whose average compliance increased within the last year, although to a moderate extent (+0.6 month). This slight increase is a result of 1 case with moderate compliance (2 years) now being more than 5 years old and no longer being part of the calculation. The 3 remaining cases also needed a moderate time lag for compliance (of between 1.5 and 3 years). The Netherlands is still above the 18-month threshold for compliance with Court rulings but below the EU average.