Decision in case 949/2016/PL on the European Commission’s failure to answer correspondence and to take a decision in an infringement complaint within a reasonable period of time

1. In July 2013, the complainant, a Spanish lawyer, submitted an infringement complaint to the European Commission against all Member States that participate in the Union of European Football Associations (UEFA). He argued that the “UEFA Club Licensing and Financial Fair Play Regulation” was incompatible with EU law.

2. In February 2015, the Commission informed the complainant of its intention to close the case (pre‐closure letter). The complainant sent his comments but did not receive a substantial reply nor the Commission’s final decision to close the case.

3. In June 2016, the complainant turned to the Ombudsman complaining against the Commission’s failure to reply to his requests for information as to the state of play of his complaint and inform him of the final decision in the case.

4. The Ombudsman’s Office contacted the relevant service of the Commission. The Commission replied to the complainant addressing in detail his comments. The Commission concluded that there were no grounds for reconsidering its position as regards this issue and, therefore, it maintained its decision to close the case.

5. As the complainant has now received the Commission’s reply the matter is thus solved. The Ombudsman, therefore, closes the case.

Lambros Papadias

Head of Inquiries - Unit 3

Strasbourg, 03/10/2016