Brussels, 13 October 2025
The European Commission has referred Sweden to the Court of Justice (CJEU) for failing to
transpose the permitting provisions of the revised Renewable Energy Directive (RED III) more
than a year after the July 2024 deadline. The case marks the first RED III infringement to reach
the Court and could lead to financial penalties under Article 260(3) TFEU.
EREF welcomes this step as a long-overdue signal that the Commission is ready to enforce
RED III with the necessary legal rigour. Continued lack of transposition delays renewable
energy projects, frustrates producers, and undermines investor confidence — slowing the
transition at a time when Europe must accelerate, while China and others rush ahead.
“The energy transition should not be impeded by administrative inertia,” says EREF Director
Dörte Fouquet. “We strongly support the Commission’s legal action and urge similar
proceedings against other Member States which continue to delay or dilute RED III
implementation.” EREF and its members strongly oppose the delaying tactics of some
Member States; a few still dream of fossil futures and maintain good ties to problematic
supplier countries, thereby endangering the security of the European Union.
The Swedish case concerns key permitting reforms, including the designation of Renewable
Acceleration Areas, one-stop shops, time-bound permitting procedures, and the presumption
that renewable projects are of overriding public interest. These measures are essential to scale
up deployment, reduce costs, and provide legal certainty for developers. They also form a
crucial bridge to the EU’s IndustRE programming. Stable, clear, and swift permitting procedures
are key to investment confidence and rebuilding Europe’s manufacturing base.
As guardian of the Treaties, the Commission has opened infringement procedures against all
27 Member States for failure to fully transpose RED III, covering both the permitting reforms
and broader RED III obligations due by May 2025. Fifteen Member States have already
received a reasoned opinion, but Sweden is the first to be referred to the Court. While some
governments have made partial progress, none has fully complied with the obligations.
EREF calls on all national governments to accelerate full and correct implementation of the
RED III, including both the early permitting reforms and the main targets due in 2025. Ongoing
delay harms investments, competitiveness, and the credibility of EU renewable energy targets.
For more information, please contact
Prof. Dr. Dörte Fouquet
Director
doerte.fouquet@eref-europe.org
Dirk Hendricks
Secretary General
dirk.hendricks@eref-europe.org