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Decision on the European Commission’s failure to inform the complainant of the state of play of the complaint regarding Croatia’s breach of EU law in the field of waste management [CHAP(2019)441] (case 946/2021/ABZ)
Decision
Case 946/2021/ABZ - Opened on Tuesday | 15 June 2021 - Decision on Wednesday | 11 August 2021 - Institution concerned European Commission ( Settled by the institution ) - Country Croatia
Subject: Complaint 946/2021/ABZ
Dear Mr X,
You have submitted a complaint to the European Ombudsman concerning the European Commission’s failure to inform you of the state of play of your complaint regarding Croatia’s breach of EU law in the field of waste management [CHAP(2019)441].
We have informed the European Commission of your complaint and asked it to send you a reply. The Commission informed us that it replied to you on 1 July 2021 setting out the reasons why it intends to close the case.
The case has therefore been closed and is considered settled.
Please note that this investigation concerns solely the Commission’s failure to reply to your enquiry.
We have taken note that you are on 13 July 2021. Informed the Commission by email that you were not satisfied with its reply. It is now for the Commission to take your comments into account before taking a final decision on the matter.
If you are not satisfied with the merits of any final Commission decision, you may lodge a new complaint with the Ombudsman. Please note, however, that according to the case-law [1], the Commission has a wide margin of discretion when it comes to handling infringement complaints, which means that even in the case of an infringement of EU law, the Commission may decide not to pursue the case. Our preliminary view is that the reply given by the Commission to you is reasonable.
We are aware that this is not the result you expected, but we hope that the above clarifications will be useful to you.
With respect,
Tina Nilsson
Head of Case Handling Unit
Strasbourg, 11/08/2021
[1] Judgment of the Court of Justice of 14 February 1989, Starfruit v Commission, Case 247/87, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:61987CJ0247.
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