Dear Mr X,

You recently submitted a complaint to the European Ombudsman against the European Commission concerning the above issue.

You informed us that your complaint to the Commission concerned Germany´s compliance with Directive 2004/38 on the free movement of citizens and their family members[1]. You said that you are an EU citizen and that your relatives, who are not EU citizens, have had difficulties in obtaining an appointment at a German embassy to obtain visas that they need to be able to join you in Europe. You turned to the Ombudsman because you disagree with the Commission´s decision to close your infringement complaint without taking any action.

We are sorry to hear about the issues your family is experiencing with obtaining a visa to join you in the European Union.

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

There was no maladministration by the European Commission.

This is because the Commission provided you with a reasonable explanation for its decision.

According to EU case-law, the Commission enjoys wide discretion in deciding whether and when to commence an infringement procedure.[2] Its policy on infringements of EU law is set out in its Communication ’EU law: Better results through better application’.[3] The Ombudsman would question the Commission’s position only in case of a manifest error of assessment.

The Commission provided you with clear information why it does not intend to pursue the matter and why it would be better addressed by other authorities. This position appears to be reasonable. As the Commission explained, it does not get involved in individual cases, which have to be pursued at national level.

We note that the Commission is aware that there is an issue with the processing of visa applications, and that it has taken action to encourage and assist Member States to improve the situation. The Commission’s discretion allows it to take this approach.

In this context, the Commission further informed you that it is aware that, since the COVID-19 pandemic, there have been delays at diplomatic offices worldwide. The Commission said that it calls systematically on Member States to take measures to improve the situation regarding the periods for appointment and for processing visa applications. The Commission further said that it has put in place an action plan to help Member States’ consulates respond to the increasing demand for visas and reduce the waiting times for appointments.

In addition, the Commission told you that there is a limited capacity to improve the situation on the ground in the short term, as Member States would need to recruit additional staff.

You could consider raising the matter with the German Ministry of Foreign Affairs, which might be able to help you. You can find more information and a contact form here:

https://www.auswaertiges-amt.de/en/visa-service/buergerservice

You could further consider contacting the SOLVIT network again. You can find more information and submit your request for assistance here:

https://ec.europa.eu/solvit/problems-solved/residence/index_en.htm

You could further consider making a petition to the Committee on Petitions of the German Federal Parliament. Should you wish to do so, please find below the contact details:

Petitionsausschuss
Deutscher Bundestag
Platz der Republik 1
DE-11011 Berlin
Tel.: +49 30 227 35257
Fax: +49 30 227 36053
https://epetitionen.bundestag.de/epet/peteinreichen.html

We hope that you find this information helpful.

Yours sincerely,

Tina Nilsson
Head of the Case-handling Unit

Strasbourg, 07/10/2024

 

[1] Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02004L0038-20110616&qid=1727095887074

[2] Judgment of the Court of 14 February 1989, Starfruit v Commission, case 247/87, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:61987CJ0247.

[3] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52017XC0119(01)&from=EN