Court of Justice 16 April 2026, C-879/24 (Opinion of Advocate General Medina delivered on 16 April 2026.)

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Advocate General Medina opines in Case C-879/24 (Commission v Kingdom of Denmark) that Denmark has failed to fulfil its limited transposition obligation under Article 39(3) of Directive 2017/2397 and Article 2(1) of Directive 2021/1233, as the existence of seasonal and local inland waterway navigation on Danish territory precludes reliance on the full exemption under Article 39(4), which applies only where inland waterway navigation is not technically possible. The AG interprets 'inland waterway' under Article 3(1) of Directive 2017/2397 broadly, holding that waterways linked to the sea are not thereby excluded, and that the absence of cross-border connections or infrequent navigation does not satisfy the strict technical impossibility criterion. However, the AG further opines that Article 260(3) TFEU is inapplicable where the very existence of the transposition obligation depends on the Court's interpretation of an abstract exemption criterion, and accordingly recommends dismissal of the Commission's claim for immediate financial penalties, with each party bearing its own costs.AI