On 11 March 2026, Equinet and the Irish Human Rights and Equality Commission organised the webinar “Using EU Infringement Complaints as a Tool for Equality”, bringing together Equinet members who are legal experts or responsible for monitoring the implementation of EU Directives at the national level – including the Standards for Equality Bodies Directives and the Pay Transparency Directive – to discuss how infringement procedures can be used strategically to strengthen equality enforcement across Europe.

The webinar explored what an infringement complaint is and how the procedure works in practice. Participants discussed how complaints can draw the attention of the European Commission to violations of EU law by Member States and potentially lead to infringement proceedings before the Court of Justice of the European Union. 

The webinar featured contributions from Thomas Verellen,  Assistant Professor of EU and International Law at Utrecht University, Clíona Kimber, Senior Counsel, Barrister and Litigator and a CEDR accredited Mediator, and Samuel Engblom, Deputy Equality Ombudsman at the Swedish Equality Ombudsman, who shared practical experiences and legal expertise on the role of infringement complaints in addressing structural discrimination and promoting compliance with EU law.  

Using infringement complaints strategically: Key takeaways from the webinar  

An infringement complaint is a strategic public advocacy tool designed to draw the European Commission’s attention to an apparent breach of EU law and encourage Member States to comply with EU equality law. If the Commission considers that a violation exists, it may initiate an infringement procedure under Article 258 TFEU, which can ultimately lead to proceedings before the Court of Justice of the European Union (CJEU). The process is controlled entirely by the Commission, which retains full discretion over whether to pursue the case. The primary objective is therefore to secure compliance with EU law rather than to obtain compensation or resolve an individual dispute. 

The role of Equality Bodies 

The webinar highlighted why strengthening the capacity of Equality Bodies to use EU enforcement mechanisms strategically is both timely and important. In a context where structural discrimination continues to affect many people across Europe, infringement complaints can help reinforce accountability, strengthen fundamental rights protections, and support systemic change. 

The webinar highlighted several key lessons for Equality Bodies considering the use of infringement complaints as a strategic tool for advancing compliance with EU equality law: 

Approach complaints strategically and rigorously 

Prepare infringement complaints with the same level of detail and legal substantiation as formal litigation. 

Emphasise systemic and structural issues 

Complaints are more impactful when they demonstrate broader patterns of non-compliance rather than isolated individual cases. 

Develop a strong comparative legal analysis 

Clearly explain the relationship between EU law obligations and the relevant national legal framework, identifying precisely where gaps or inconsistencies arise. 

Remain actively engaged throughout the process 

Submitting a complaint is only the beginning. Continued follow-up and the provision of additional evidence or clarification can strengthen the case significantly. 

Use infringement complaints as a broader advocacy tool

Even where the European Commission does not proceed to litigation, the process itself can: 

• encourage changes in government behaviour, 

• increase political and public pressure, and 

• support progress towards compliance with EU law.