Commission issues a warning to Slovenia due to delays in DSM Directive implementation

The DSM Directive entered into force in June 2019 and the deadline for implementation expired on 7 June 2021. On 23 June 2021, the Commission launched multiple infringement procedures and sent letters of formal notice to Slovenia and 22 other Member States that had failed to notify it of the full transposition of the Directive. Slovenia remains among the 14 Member States against which the Commission is continuing the infringement procedure. On 19 May 2022, the Commission sent reasoned opinions to Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden. 


Member States now have two months to adopt appropriate national measures to fully implement the DSM Directive in national law, otherwise the Commission may file an infringement action under Article 260 of the Treaty on the Functioning of the EU (TFEU). In doing so, Slovenia must take into account the interpretation of Article 17, given by the Court of Justice in its recent judgment in case C-401/19, as well as the numerous comments made by researchers and educators regarding exceptions and limitations. In order to properly implement the provisions of the DSM Directive, Slovenia needs to protect and balance the fundamental rights at play with specific safeguards and inform the Commission of full implementation. This will protect Slovenia against possible financial sanctions that the Court of Justice may impose on the country under Article 260(3) TFEU for failure to fulfil its obligations.