Official Journal of the European Union

C series

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C/2025/898

17.2.2025

(Case C-879/24)

(C/2025/898)

Language of the case: Danish

Parties

Applicant: European Commission (represented by: B. Sasinowska and U. Nielsen, acting as Agents)

Defendant: Kingdom of Denmark

Form of order sought

The applicant claims that the Court should

—find that the Kingdom of Denmark has failed to fulfil its obligations under Article 39(3) of Directive (EU) 2017/2397 (1) of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation and Article 2(1) of Directive (EU) 2021/1233 (2) of the European Parliament and of the Council of 14 July 2021 amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third-country certificates by not adopting, by 17 January 2022 at the latest, all the laws, regulations and administrative provisions necessary to comply with the directive or, in any event, by failing to communicate those laws, regulations and administrative provisions to the Commission,

—order the Kingdom of Denmark to pay the Commission a lump sum of EUR 2 289,60 per day from the day after the deadline for the transposition of the directive, that is to say 17 January 2022, until the day on which that infringement ceases or, if that infringement does not cease, the date on which judgment is delivered in the present case, and no less than EUR 1 599 000,

—if the infringement established in paragraph 1 continues after judgment is delivered in the present case, order the Kingdom of Denmark to pay the Commission a penalty payment in the amount of EUR 20 542,80 for every day of delay from the date of delivery of the judgment until the date that the Kingdom of Denmark fulfils its obligations under the directive,

—order the Kingdom of Denmark to pay the costs of the proceedings.

Pleas in law and main arguments

Directive (EU) 2017/2397 lays down transitional measures to ensure the continued validity of qualifications, service record books and logbooks issued before the end of the transposition period, and to give qualified crew members a reasonable amount of time to apply for an EU certificate of qualification, or another equivalent document. However, with the exception of qualifications for navigating on the river Rhine, these transitional measures do not apply to qualifications, service record books and logbooks issued by third countries that are currently recognised by the Member States pursuant to their national requirements or international agreements that were applicable before Directive (EU) 2017/2397 entered into force.

Directive (EU) 2021/1233 establishes the legal framework for the recognition of third-country certificates concerning inland navigation.

The two directives give legal certainty to individuals and economic actors active in inland waterway transport. As such, they are important parts of the EU legislation on inland waterway transport.

Pursuant to Article 39(3) of Directive (EU) 2017/2397, a derogation applies to Member States that are not connected to the navigable network of another Member State and where inland navigation is carried out in relation to limited travel of local interest or is seasonal. Nevertheless, it also follows from Article 39(3) of Directive (EU) 2017/2397 that Member States covered by the derogation are to recognise EU qualifications in respect of persons operating on their national inland waterways.

On 24 March 2022, the Commission sent Denmark a letter of formal notice. On 28 September 2023, the Commission sent Denmark a reasoned opinion. Denmark has not yet transposed the two directives into Danish law or informed the Commission thereof.

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(1) OJ 2017 L 345, p. 53.

(2) OJ 2021 L 274, p. 52.

ELI: http://data.europa.eu/eli/C/2025/898/oj

ISSN 1977-091X (electronic edition)

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