European Commission opens infringement cases against 26 member states over gas and hydrogen market rules

The European Commission has opened infringement proceedings against 26 of the European Union's 27 member states for failing to transpose the bloc's new directive on the hydrogen and decarbonised gas market within the legal deadline. Italy is the only country that notified full transposition on time, according to ANSA and Soldionline.

The Commission sent letters of formal notice — the first formal step in an infringement procedure — to all 26 states. Spain is among them, El Periodico de la Energia reported, noting that Brussels has urged Madrid and the other 25 capitals to fully align national legislation with the new EU rules. The directive was adopted in 2024 and had to be written into national law by 5 August.

What the 2024 package changes

The directive forms part of the EU's hydrogen and decarbonised gas package, which updates the rules governing the Union's natural gas market. It replaces and amends provisions of the Gas Directive and the Gas Regulation of 2009, the legal architecture that has governed European gas trading and network access since then.

Its stated aim is to facilitate the use of renewable and low-carbon gases, including hydrogen, while safeguarding security of supply and keeping energy prices affordable. Soldionline describes the intent as gradually shifting the centre of gravity of the European system away from conventional natural gas towards low-emission gases and hydrogen, treated in the package as a key energy carrier for decarbonising heavy industry, transport and part of power generation.

Hydrogen infrastructure gets its own rulebook

Alongside the gas market revision, the directive establishes a dedicated regulatory framework for hydrogen infrastructure, setting common EU rules for the construction and operation of hydrogen pipelines, networks and facilities. According to Soldionline, the framework is designed to deliver:

• non-discriminatory access to hydrogen infrastructure;
• transparency of costs;
• integration with the existing natural gas networks.

The intended outcome is a functioning European hydrogen market in which the molecule can move between member states in much the same way natural gas does today, supporting cross-border investment and competition.

Two months to respond

The 26 states now have two months to reply to the Commission, complete the outstanding transposition and formally notify Brussels, El Periodico de la Energia reported. If the responses are not judged satisfactory, the Commission can take the procedure to the next stage by issuing a reasoned opinion.

Soldionline notes that an infringement procedure is opened when the Commission considers that a member state is not correctly applying Union law, and that the letter of formal notice is only the initial phase. Subsequent steps can ultimately lead to a referral to the Court of Justice of the European Union.

Italy's head start

Italy notified the full transposition of the directive within the legal deadline, ANSA reported, leaving Rome as the only capital in compliance and completing the transfer of the new EU rules into its national legal order on schedule.

Soldionline argues that keeping to the European timetable can amount to a competitive advantage in economic and regulatory terms, because certainty over the rules is an important factor for investors active in energy infrastructure and in projects tied to hydrogen and decarbonised gas. In the other 26 markets, including Spain, the terms of access to hydrogen networks remain unsettled until national legislation catches up.