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European Ombudsman's decision on the European Commission's failure to reply to correspondence concerning the enforcement of rights at national level
Decision
Case 1194/2021/PB - Opened on Tuesday | 13 July 2021 - Decision on Wednesday | 04 August 2021 - Institution concerned European Commission ( Settled by the institution ) - Country Austria
Complaint No 1194/2021/PB
Dear Mr X,
You have lodged a complaint with the European Ombudsman against the European Commission. Your complaint concerned the Commission’s failure to reply to correspondence concerning the enforcement of rights at national level.
We have informed the Commission of your complaint and asked it to reply to you. The Commission has now informed us that it has complied with this requirement in the meantime (Case JUST/C2/LH/rp/ (2021)5117291).
The case concerned the non-response to your letters. As the Commission has now replied, the case has been closed.
In a further letter of 28 July, you argue that the Commission’s approach is incorrect.
First of all, I would like to point out that the content of the Commission's letter seems to be correct, i.e. the Commission cannot help you because the subject matter of the matter does not fall within the competence of the EU.
If you consider that the Commission has breached the rules of good administration in handling your request, you could consider submitting an administrative complaint to the Secretariat-General of the Commission:
https://ec.europa.eu/assets/sg/administrative-conduct/complaints_de/
Filing such a complaint is quite simple, and the applicable deadlines are relatively short.
Yours sincerely,
Tina Nilsson
Head of Case Management Unit
Strasbourg, 04/08/2021