In the Ombudsman's view, once the Commission has limited its own discretion by laying down in the Communication the relevant procedural rules it will follow when handling infringement complaints, it is at least inconsistent, if not unfair, to use the argument that there is no legal obligation for it to do so. This argument is also against the Patere legem quam ipse fecisti principle, which requires that every authority should abide by its own rules.