Summary of decision on complaint 489/2011/MHZ against the European Commission

A Polish NGO submitted a complaint to the Commission alleging that Poland infringed EU environmental law by allowing the construction of a high voltage power line in an inhabited area. The Commission took a preliminary decision to close the complaint file and invited the complainant to submit observations. After the complainant did so, it took the Commission seven months to take a final decision. The complainant alleged that its case had been mishandled and turned to the Ombudsman.

In its opinion, the Commission was not able to justify its delay. However, it provided an exemplary statement of reasons for its decision to close the infringement complaint in its letters sent directly to the complainant. It referred in detail to its contacts with the Polish authorities regarding the infringement case and exhaustively explained why it considered that EU law had not been violated.

For this reason, the Ombudsman decided that further inquiries into the present complaint were not justified. He made a further remark, however, to the effect that the Commission would comply with principles of good administration if, after the complainants submit comments on the Commission's intention to close the infringement file, it would come to the final decision within a reasonable time. If delays occur, the Commission should explain the reason for such delays and apologise if appropriate.