Dear Mr X,

You recently submitted a complaint to the European Ombudsman concerning how the European Commission handled your infringement complaint CHAP(2022)1376 about how the French embassy to Cambodia dealt with your wife’s visa application.

In your complaint to the Ombudsman, you argue that the Commission was wrong to not find a breach of EU Law. In your view, the Commission erroneously classified the matter as an individual case, rather than a systemic problem.

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.

The Commission has wide discretion in dealing with infringement complaints.[1] Its policy on infringements of EU law is set out in its communication EU law: Better results through better application[2].

The Ombudsman’s role is limited in cases concerning how the Commission deals with infringement complaints. The role of the Ombudsman is to verify that there was no manifest error of assessment by the Commission, that the Commission provided the complainant an opportunity to provide comments before closing a case, and that it gave a clear and reasonable explanation for its decision.

We note that the Commission gave you the opportunity to comment on its position before it has closed the case. We also consider that the Commission has provided you with clear information as regards why it closed the infringement complaint.

The Commission considered that the information submitted by you did not demonstrate that the issue you faced constitutes a repetitive practice. Instead, it considered that this is an isolated case of incorrect application by national authorities of national laws. However, the relevant national law correctly transposed the EU rules.

We consider that these explanations are clear and reasonable and that there was no manifest error of assessment by the Commission.

We have therefore closed the case.[3]

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, 12/04/2023

 

[1] see judgment of the Court of Jus tice of 14 February 1989 in Case C-247/87 Star Fruit v Commission: https://eur-lex.europa.eu/resource.html?uri=cellar:e4c3d14b-516a-43a2-bc26-4fdc28336562.

[2] Commission communication EU law: Better results through better application (2017/C 18/02): https://eur-lex.europa.eu/resource.html?uri=cellar:e4c3d14b-516a-43a2-bc26-4fdc28336562.0003.06/DOC_1&format=PDF.

[3] [3] Full information on the procedure and rights pertaining to complaints can be found at  

  https://www.ombudsman.europa.eu/en/document/70707