The European Commission has formally opened infringement proceedings against 13 member states, signaling a zero-tolerance approach to regulatory fragmentation as the bloc’s digital asset framework comes online. In its January infringement package, the Commission targeted 12 nations for failing to transpose the DAC8 tax transparency directive and singled out Hungary for enacting national laws that conflict with the Markets in Crypto-Assets (MiCA) regulation.
The Tax Dragnet: 12 Nations on the Clock
The Commission sent letters of formal notice to a sweeping list of economies, including Spain, the Netherlands, Poland, Belgium, and Portugal, for failing to fully integrate Directive (EU) 2023/2226 (DAC8) into national law.
DAC8 is the enforcement layer of the EU’s crypto strategy. While MiCA regulates market conduct, DAC8 mandates that crypto-asset service providers (CASPs) automatically report user transaction data to tax authorities. The directive is designed to close the liquidity loop, preventing capital from vanishing into non-compliant offshore accounts. By missing the transposition window, these 12 states are effectively stalling the bloc’s ability to audit cross-border crypto flows.
The cited nations, which also include Bulgaria, Czechia, Estonia, Greece, Cyprus, Luxembourg, and Malta, have two months to reply. Failure to satisfy the Commission could trigger a "reasoned opinion," the final warning before a referral to the Court of Justice of the European Union.
Hungary vs. MiCA: A Test of Supremacy
The most market-critical conflict centers on Hungary. The Commission issued a separate infringement notice regarding Hungary’s "Act LXVII of 2025," which introduced a national authorization regime for "exchange validation services."
This national law clashes directly with MiCA, which was architected to provide a passportable, unified license across all 27 member states. By imposing additional local hurdles, Hungary has allegedly fractured the single market. The impact was immediate: major fintechs like Revolut suspended crypto services in the country to avoid legal limbo.
The rapid and complete implementation of the rules is essential to enhance tax transparency and combat fraud, evasion, and avoidance.
Brussels’ message is binary: MiCA is the ceiling and the floor. National attempts to "gold-plate" or alter these rules undermine the passporting mechanism that institutional liquidity providers rely on for EU-wide operations. Hungary now faces the same two-month deadline to align its statutes or face escalation.
