European Union nations agreed in September 2015 to help relocate the migrants from Italy and Greece and under the plan Hungary, Poland and the Czech Republic were supposed to take in a combined 10,000 migrants.
The temporary emergency relocation scheme was established in two Council Decisions in September 2015 (Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601), in which Member States committed to relocate persons in need of worldwide protection from Italy and Greece.
On 15 June 2017, the Commission launched infringement procedures against the Czech Republic, Hungary and Poland.
If the member state still refuses to comply, the Commission may then decide to refer the case to the Court of Justice.
"The replies received were again found not satisfactory and three countries have given no indication that they will contribute to the implementation of the relocation decision", a statement said.
But the Czech Republic, Hungary and Poland have taken in nearly none in two years.
Brussels launched so-called infringement proceedings against the three countries in June for failing to take in any refugees under the quota system, and warned them last month of further action.
This morning on emerging judicial precedent, said Deputy head of the European Commission Frans Timmerman. "We hope we still find a way out through an act of participation by these three countries".
A day earlier, the Polish government had announced a deal with the European Investment Bank to give 50 million euros to support third world countries most affected by the migration crisis directly, as an alternative to opening its borders to their citizens.
However, the Czech Republic seemed more conciliatory, with newly appointed Prime Minister Andrej Babis told the local CTK news agency that he wants to negotiate with the Commission to get the legal action lifted.
Budapest faced a triple legal whammy from Brussels on Thursday, with the European Commission also taking Hungary to the ECJ over a crackdown on education and foreign-backed civil society groups that critics say targets USA billionaire George Soros.
-Monitoring of the European Union law in the area of Home Affairs.
At the core of both laws are the Hungarian government's efforts to curtail the influence of Hungarian-American financier George Soros in Hungary.
Mr Soros has a strained relationship with Hungarian Prime Minister Viktor Orban.