The European Commission is referring Poland and Austria to the Court of Justice of the European Union for failing to fully transpose the Energy Performance of Buildings Directive (EPBD). Under this Directive, Member States must establish and apply minimum energy performance requirements for all buildings, ensure the certification of buildings' energy performance and require the regular inspection of heating and air conditioning systems. In addition, the Directive requires Member States to ensure that by 2021 all new buildings are so-called nearly zero-energy buildings. The Directive had to be transposed into national law by 9 July 2012. Austria and Poland have failed to transpose some measures including, amongst others, measures relating to energy certificates, minimum energy performance requirements and nearly-zero energy buildings. They are facing financial penalties of €39,583/day and €96,720/day, respectively.