On 30 January 2026, the European Commission (the “<span class="news-text_medium">Commission</span>”) commenced infringement proceedings against 16 EU Member States that continue to be contracting parties to the Energy Charter Treaty (“<span class="news-text_medium">ECT</span>”), notwithstanding the withdrawal of the European Union and Euratom from the Treaty. The Commission announced that it would send formal letters to the Member States concerned, calling on them to withdraw from the ECT. The withdrawals of the EU and Euratom took effect on 28 June 2025.
In <span class="news-text_italic-underline">Council Decision (EU) 2024/1638</span> of 30 May 2024 on the Union’s withdrawal from the ECT, it was acknowledged that several Member States had indicated an intention to remain parties to the Treaty, subject to its modernisation. However, in its announcement on the initiation of infringement proceedings, the Commission emphasised that trade and investment policy falls within the exclusive competence of the EU. As a result, Member States may only exercise that competence where expressly empowered to do so by the EU.
Following the withdrawal of the EU and Euratom, the Member States that remain contracting parties to the ECT have neither been granted such empowerment nor taken steps to withdraw from the Treaty. The Member States identified by the Commission are Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Malta, Romania, Slovakia and Sweden.
The Commission stated that the formal letters require these Member States to withdraw from the ECT “without undue delay” and grant them a period of two months to submit their responses. Should the Member States fail to comply, the Commission may proceed to issue reasoned opinions as the next stage of the infringement process.
The Commission also noted that separate infringement proceedings are already underway against Hungary in relation to its position on the ECT. On 17 July 2025, Hungary was referred to the Court of Justice of the European Union in connection with those proceedings.
<span class="news-text_medium">Source:</span> <a href="https://ec.europa.eu/commission/presscorner/detail/en/inf_26_115" target="_blank" class="news-text_link">European Commission, January infringements package – key decisions: Energy and climate, 30 January 2026</a>.
