Dear Mr X,

On 1 December 2019, you submitted a complaint to the European Ombudsman against the European Commission concerning the manner in which it dealt with your infringement complaint (CHAP(2018)01743) against The Netherlands. The Ombudsman has asked me to deal with your complaint and reply to you on her behalf.

Your complaint concerns both the manner in which the Commission dealt with your infringement complaint procedurally, as well as the decision it eventually took to close it.

After a careful examination of the information provided by you, the Ombudsman finds no maladministration by the Commission.^[1]

When it comes to infringement complaints, the Ombudsman’s role is limited. She may examine whether the Commission has kept the complainant properly informed as regards progress in the case and the position it eventually takes on the case. In addition, the Ombudsman may examine whether the complainant has been given the opportunity to comment on the position of the Commission before the Commission closes a case.

In case 1307/2019/DDJ, we have already dealt with the aspects of your case that related to the Commission’s failure to reply to your inquiries about the steps taken as regards your infringement complaint. I note that the Commission apologized to you for the delays in answering by letters of 6 September and 11 November 2019. In the latter, the Commission explained to you the reasons for why it was not able to reply in time. I consider this a reasonable response.

I further note that the Commission informed you as regards why it intended to close your infringement complaint and gave you the opportunity to comment on its intention to do so by letter of 6 September 2019. The Commission then decided to close the infringement procedure on 11 November 2019, having analysed your comments.

From your complaint, I understand that you consider that the position taken by the Commission is not well-founded and that it has not dealt properly with the arguments you raised. You find in particular that the Commission should have assessed the issues you raised in relation to the national courts as a matter of EU-law, in line with the jurisprudence of the EU Courts on the rule of law

I note that the Commission explains clearly why it will not open an infringement proceedings regarding your complaint. Specifically, the Commission has informed you that it does not consider your case to constitute evidence of systemic non-compliance by The Netherlands of EU law. Please note that the Commission has the discretion not to open infringement proceedings. It can, using this discretion, decide not to open infringement proceedings when it considers that a case does not raise issues of systemic non-compliance of EU law.

As a matter of law, infringement proceedings do not constitute a legal remedy for individual cases of potential incorrect application of EU law.

I therefore conclude that there was no maladministration in the Commission’s handling of your infringement complaint.

I realise that this decision is likely to disappoint you. I do hope that the above information and explanations are nevertheless helpful.

The Ombudsman closes the case.

Yours sincerely,

 

Fergal Ó Regan  

Head of Inquiries ‐ Unit 2

Strasbourg, 19/12/2019

 

[1] Full information on the procedure and rights pertaining to complaints can be found at https://www.ombudsman.europa.eu/en/document/70707.