Skip to content
Briefings are running a touch slower this week while we rebuild the foundations.See roadmap
European Energy Markets
26MAY

Three states 15 months late on price directive

3 min read
12:01UTC

The European Commission issued reasoned opinions on 29 April against Croatia, Poland and Portugal for failing to transpose Directive 2024/1711, fifteen months past the 17 January 2025 deadline and one procedural step from Court of Justice referral.

EconomicAssessed
Key takeaway

The consumer-price directive is fifteen months overdue in three states facing next winter.

The European Commission issued reasoned opinions on Wednesday 29 April against Croatia, Poland and Portugal for failing to transpose Directive 2024/1711, the EU electricity-market design reform written under the prior Commission to stabilise consumer electricity prices and reduce dependency on fossil fuel pricing 1. The transposition deadline was 17 January 2025, fifteen months before the reasoned opinions landed.

Reasoned opinions are the second formal step in EU infringement proceedings, after formal notice. the Commission had sent formal notice letters in March 2025 to 26 of 27 member states for the same failure. Three of those have now reached the reasoned-opinion stage, leaving them one procedural step from referral to the Court of Justice of the European Union. Each respondent has a two-month response window before the Commission can refer; that places potential referral on a late-June or early-July clock.

Directive 2024/1711 amends two earlier instruments, Directive 2018/2001 on renewable energy and Directive 2019/944 on the electricity market. Its central tools are dynamic-pricing protections, peak-shaving mechanisms and capacity-market rationalisation. Chatham House's energy programme has previously flagged that the directive's most contested provision is the capacity mechanism reform, which national TSOs in central Europe have lobbied against. The directive's core instruments require domestic primary legislation in most jurisdictions rather than regulator-level rulemaking, which is why transposition has slipped past the deadline in over half the bloc.

Consumers in Croatia, Poland and Portugal still see electricity bills set under pre-2024/1711 frameworks. The dynamic-pricing protections and peak-shaving consumer mechanisms the directive would unlock are not available to households or SMEs in those jurisdictions for the 2026-27 winter. The directive's 17 January 2025 deadline came nine months before the storage withdrawal that left the bloc at 28% on 1 April 2026 . The Commission's AccelerateEU package on 22 April omitted any gas storage injection mechanism; the same week's infringement proceedings reveal three states have not transposed the consumer-price directive built for exactly this price environment. The five-finance-minister windfall letter to Climate Commissioner Wopke Hoekstra sits in the same regulatory moment.

Deep Analysis

In plain English

In 2024, the EU passed a law designed to protect consumers when energy prices spike; through mechanisms like price stabilisation and adjusted electricity market rules. Every EU country had until 17 January 2025 to write that law into their own national legislation. Croatia, Poland and Portugal missed the deadline by fifteen months. Brussels has now formally told those three countries: comply within two months or we take you to the EU's top court, which can impose daily financial penalties. In the meantime, the consumer protections that directive would unlock are not available to households or businesses in those three countries during this winter's energy crunch.

Deep Analysis
Root Causes

Directive 2024/1711's central instruments; peak-shaving obligations, two-way CfDs for generators, capacity mechanism rationalisation; require domestic primary legislation in Croatia, Poland and Portugal.

Their national energy regulators cannot simply adopt the directive's provisions by regulatory decision; parliaments must pass amending energy acts. In all three states, energy market legislation competes for parliamentary time with fiscal and housing legislation in election cycles that ran across 2024-25.

The March 2025 formal notice cohort of 26 member states reveals that slow transposition is near-universal, not a failure specific to these three states. The move to reasoned-opinion stage for Croatia, Poland and Portugal reflects that they responded inadequately or not at all to the March 2025 formal notice, while other states submitted partial transposition or timeline commitments that held the Commission back.

What could happen next?
  • Consequence

    Two-month response window places potential Court of Justice referral on a late-June or early-July clock, overlapping the start of the summer injection season and adding political cost to any Commission decision to escalate.

    Short term · 0.8
  • Risk

    The 2026-27 winter arrives with no domestic CfD or peak-shaving mechanism in Croatia, Poland and Portugal; households in those markets carry full exposure to gas-price volatility in electricity settlement.

    Medium term · 0.82
  • Precedent

    The March 2025 formal notice cohort of 26 member states means the Commission can escalate further reasoned opinions rapidly; this package is the first of potentially several infringement waves on Directive 2024/1711.

    Medium term · 0.75
First Reported In

Update #6 · REMIT II live; storage instrument absent

European Commission DG Energy· 29 Apr 2026
Read original
Causes and effects
This Event
Three states 15 months late on price directive
The legal instrument written specifically to cushion European consumers against the next price shock has no domestic enforcement footprint in three jurisdictions for the upcoming 2026-27 winter.
Different Perspectives
Cefic and European industrial gas offtakers
Cefic and European industrial gas offtakers
Chemical manufacturers running at 62-68% utilisation face mandate-funded storage that secures volume at above-commercial prices without reducing gas costs. A EUR 35bn refill bill, if confirmed, flows back through regulated network tariffs, adding directly to industrial energy costs already named by BASF and INEOS as structural.
OIES and energy research institutions
OIES and energy research institutions
Bruegel and OIES have not published a revised refill cost model at EUR 47-51 TTF with sub-0.4 pp/day pace. The EUR 35bn mid-range is drifting into use as the operative sub-80% November consensus, and the 11 June ACER workshop is the next venue where EU-level storage instrument advocacy can surface.
Equinor upstream gas
Equinor upstream gas
The Troll A compressor fault removed 34.6 mcm/day, stacked on Hammerfest, yet TTF fell 8.1% on Iran news the same day. Norwegian supply disruptions carry no price premium while Hormuz dominates; Equinor's 31 May Troll restart is a first estimate and the 2025 Hammerfest compressor fault of the same class slipped 24 days.
German Economy Ministry and Bundesnetzagentur
German Economy Ministry and Bundesnetzagentur
Berlin confirmed on 20 May it will not introduce a summer injection-incentive scheme, leaving Germany as the EU's only major unincentivised market after the storage levy lapsed on 1 January 2026. Commercial injectors apparently used the 18 May EUR 50 spike to lock winter supply cost rather than book against a structurally negative strip.
CRE and French gas operators
CRE and French gas operators
CRE's 100% mandatory booking order funds French injection regardless of the inverted strip, providing the EU aggregate cover that masks Germany's gap. The French position is insulated from TTF price moves but exposed to CRE's annual renewal cycle, a political risk rather than a commercial one.
Amsterdam-Rotterdam gas trading desks
Amsterdam-Rotterdam gas trading desks
TTF's 8.1% crash on a deal headline despite 50-plus mcm/day of verified Norwegian outages settled the EUR 50 question: it is a diplomatic ceiling, not a floor, and the short EUR 50-strike summer position keeps paying until Iran resolves. EBN's price-insensitive mandate buying tightens the prompt but the EUR 233m budget cap is a known position risk.