Background to the complaint

1. The complainant is a Greek dairy industries federation. It submitted an infringement complaint to the European Commission in line with the applicable rules[1] on 18 October 2017. The registration number of the infringement complaint is CHAP(2017)03182.

2. The reason for that complaint was that, in 2015, the Czech Republic informed the Commission that it intended to introduce national legislation for yogurt and thereby create two new categories of yogurt, namely “Greek yogurt” and “Greek style/type yogurt”. The complainant argued the denomination “Greek yogurt” is contrary to EU legislation, and in particular Regulation 1169/2011[2] on the provision of information to consumers.

3. The Commission acknowledged receipt of the complaint on 20 October 2017.

4. On 9 November 2018, the Commission informed the complainant that they had not been in a position to arrive at a decision to issue a formal notice or to close the case within the general time limit of one year from the date of registration of the complaint as the latter raised issues requiring further examination, which was in progress.

5. In February 2019, the complainant turned to the Ombudsman complaining about the delay in the processing of its infringement complaint and the fact that it had not received a reply on substance.

6. The Ombudsman’s inquiry team met the Commission’s representatives working on that infringement complaint in order to clarify certain matters, such as why the complainant’s infringement complaint requires further examination and whether there is an indicative timeframe, within which the Commission expects to reach its decision on substance.

The European Ombudsman’s findings

7. In that meeting, the Commission representatives stated that the assessment of the infringement complaint is still ongoing. It is, thus, understandable that the Commission has not been in a position to provide a reply on substance.

8. Moreover, in the course of the Ombudsman’s inquiry, the Commission informed the complainant that, for the time being, it intends to maintain the infringement case open until it receives notification from the Czech authorities of the envisaged amendments to the Czech legislation at issue. For that reason, the Commission is following closely the legislative developments in the Czech Republic.

9. Thus, the delay in processing the infringement complaint, albeit, regrettable, appears to be justified in the circumstances of the case.

10.  In view of the above, the Ombudsman closes this case finding that no further inquiries are justified.

The complainant and the European Commission will be informed of this decision.

 

Marta Hirsch-Ziembińska

Head of Inquiries and ICT - Unit 1

Strasbourg, 18/07/2019

 

 

[1] Communication from the Commission — EU law: Better results through better application

C/2016/8600. OJ C 18, 19.1.2017, p. 10–20.

[2] Regulation (EU) No 1169/2011 of 25 October 2011 on the provision of food information to consumers: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32011R1169