Italy and Greece have been referred to the European Court of Justice over ongoing breaches of EU welfare legislation. The two countries have remained in violation of the Welfare of Laying Hens Directive for almost 18 months, despite having had a decade to prepare for its implementation.  

Although the political decision to outlaw unenriched battery cages throughout the EU was made in 1999, the directive itself was not introduced until January 2012. However, fewer than half of the EU's member states, the UK included, were totally compliant when the ban entered into force.

The enriched cages made mandatory by new welfare laws are intended to allow hens to scratch, roost and follow their natural behaviours. They are required to be larger than conventional cages (or provide 750 cm² of space for each hen), and include litter and perches.  

In late January 2012, the Commission sent letters to 13 member states (the UK, the 14th non-compliant member state had given assurance it would rectify the situation by February that year), demanding they comply. Of the 13, only Greece and Italy have yet to make the transition to enriched cages. On Thursday it was announced that the European Commission had referred Greece and Italy to the European Court of Justice over the prolonged infraction.

Poultry groups and animal welfare campaigners in compliant states have been angered by the Commissions handling of the issue. They claim the Commission has been slow and light of touch in enforcing the ban. The criticisms increased in volume in January this year, when another welfare regulation came into effect amidst widespread noncompliance; ten member states remained noncompliant with new legislation in January this year, including major producers France, Spain and Germany.

The Commission, aided by member states, will now collect evidence of noncompliance. Italy and Greece will incur fines if they are found to be violating the regulations, though with both countries, especially Greece, bearing the brunt of dire economic crises, there are doubts over their ability to pay.