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Decision on how the European Commission replied to a complaint concerning a decision by the European Court of Human Rights on a case related to the right to property in Lithuania (case 685/2022/ABZ)
Решение
Случай 685/2022/ABZ - Открит на Вторник | 12 април 2022 - Решение от Вторник | 12 април 2022 - Засегната институция Европейска комисия ( <p>Не e установено лошо администриране</p> ) - Държава Литва
Dear Mr X,
You recently submitted a complaint to the European Ombudsman against the European Commission concerning the above issue.
In particular, you contend that the Commission should seek clarifications from the European Court of Human Rights (ECHR) as to why it deemed inadmissible your case concerning the expropriation of plot of land by the Lithuanian authorities.
After careful analysis of all the information provided with your complaint, we have decided to close the inquiry with the conclusion that there was no maladministration by the European Commission in this case[1].
We note that the Commission has provided clear information as to why it could not take action regarding your case. In particular, it informed you that the ECHR is not an EU institution and that the Commission has no powers in relation to its procedures.
The Commission also clearly explained the limits of its powers regarding the protection of fundamental rights. It informed you that it may only intervene if a violation of fundamental rights occurs in the implementation of EU law by a Member State. The Commission considered that the subject matter of your complaint was not related to the implementation of EU law and, therefore, it could not intervene on this matter. It advised you to seek redress at national level.
In view of the above, we consider that the Commission has provided you with a reasonable and adequate reply and, therefore, dealt with your complaint in an appropriate manner. In this regard, please note that the EU has no direct powers on matters related to private property, including expropriation procedures in Member States.
Please note that the European Ombudsman may look into complaints concerning instances of maladministration by the EU institutions only. The European Ombudsman cannot investigate complaints against non-EU institutions, nor can the European Ombudsman intervene before the courts or question the soundness of a court’s ruling.
Although we understand you will be disappointed with this reply, we nevertheless hope you find these explanations helpful.
Yours sincerely,
Tina Nilsson
Head of Case-handling Unit
Strasbourg, 12/04/2022
[1] Full information on the procedure and rights pertaining to complaints can be found at