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Decision in Case 136/2019/EIS on the European Commission’s failure to reply to correspondence relating to an infringement complaint concerning the Italian electoral system
Decision
Case 136/2019/EIS - Opened on Friday | 08 February 2019 - Decision on Tuesday | 26 March 2019 - Institution concerned European Commission ( Settled by the institution ) - Country Italy
1. On 6 October 2018, the complainant wrote to the European Commission about his infringement complaint CHAP(2017)257 concerning the Italian electoral system. Having received no reply, the complainant turned to the European Ombudsman on 20 January 2019.
2. The Ombudsman’s staff in charge of the inquiry contacted the Commission, which subsequently replied to the complainant on 20 February 2019, and apologised for the delay. In its letter, the Commission confirmed its intention to close the complaint indicating that the information provided by the complainant did not indicate any breach of EU law.
3. It is clear from the complainant's comments that he also intends to challenge the Commission's decision to close his complaint. In particular, the complainant does not share the Commission’s conclusion that his complaint does not concern a breach of EU law.
4. However, it is clear from the Commission’s letter of 23 August 2018[1] that the Commission’s position is reasonable, correct and in accordance with its statutory powers and that the reasons for its position have been clearly communicated to the complainant.
5. Since a reply has been sent and the Commission's position is reasonable, we have decided to close the case[2].
Marta Hirsch-Ziembińska
Head of Unit 1 - Investigations and ICT
Strasbourg, 26/03/2019
[1] This letter was provided by the complainant only after receiving the Commission’s reply of 20 February 2019.
[2] This complaint has been dealt with by delegation for the handling of cases, pursuant to Article 11 of the Decision of the European Ombudsman adopting implementing measures.