Decision in the above case on the Commission’s reply to a letter concerning an alleged infringement of anti-discrimination rules by Germany (case 2272/2022/NK)

Dear Mr X,

You recently submitted a complaint against the European Commission to the European Ombudsman. Your complaint concerns the Commission’s reply to your letter, in which you complained about discrimination based on racist grounds during your examination to become a specialist in neurosurgery in Brandenburg.

After a careful analysis of all the information you provided with your complaint, we have decided to close the inquiry with the following conclusion:

The evidence and information provided in the complaint to the Ombudsman does not indicate any maladministration by the European Commission.

In its reply to you, the Commission explained that it is for the Member States and their judicial authorities to ensure the respect and protection of fundamental rights in accordance with their national law and their respective international obligations for the protection of human rights. Furthermore, the Commission informed you that it is not authorised to examine the facts in individual cases and to initiate corrective measures. The Commission has advised you to contact the national authorities.

We consider that these explanations are clear and reasonable and that the Commission has not committed a manifest error of assessment.

We have therefore closed the case.^[1]

I understand that this may not be your desired outcome, but I hope that you find these explanations useful. Thank you for contacting the European Ombudsman.

Yours sincerely,

 

Tina Nilsson
Head of the Case-handling Unit

Strasbourg, 16/01/2023

 

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