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Decision on how the European Commission dealt with an infringement complaint against Italy about its implementation of the occupational safety and health legal framework (case 133/2025/FA)
Lēmums
Lieta 133/2025/FA - Uzsākta {0} Ceturtdiena | 23 janvāris 2025 - Lēmums par {0} Ceturtdiena | 23 janvāris 2025 - Iesaistītā iestāde Eiropas Komisija ( Nav konstatēta kļūda pārvaldībā ) - Valsts Itālija
Sūdzība iesniegta
10/01/2025Sūdzības analīze
14/01/2025Notiek izmeklēšana
23/01/2025Izmeklēšanas rezultāts
23/01/2025
Dear Mr X,
You recently made a complaint to the European Ombudsman about the European Commission’s decision to close your infringement complaint against Italy (CPLT(2024)02114). In your complaint to the Commission, you took issue with the failure by the Italian authorities to submit, in a timely manner, a report on the practical implementation of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work.[1] Moreover, you took issue with the contents of the report.
The Commission has wide discretion in deciding whether and when to initiate an infringement procedure.[2] Its policy on how it deals with potential infringements of EU law is set out in its Communication EU Law: Better results thanks to better application.[3] The role of the European Ombudsman in a case like this is to verify that the Commission has provided an adequate explanation of its actions, and that there was no manifest error of assessment.
In this case, the Commission provided clear and reasonable explanations for its decision to close your infringement complaint. In particular, in its letter of 7 October 2024, the Commission explained that opening an infringement procedure against Italy would serve no useful purpose given that Italy has now provided it with the report and that it is currently assessing its contents.
Therefore, we have closed the case.[4]
I understand that this is not the outcome you expected, but we hope you find these explanations helpful. Thank you for contacting the European Ombudsman.
Yours sincerely,
Tina Nilsson
Head of the Case-handling Unit
Strasbourg, 23/01/2025
[1] Article 17a of Council Directive of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (89/391/EEC): https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:01989L0391-20081211&qid=1737539396821
[2] Judgement 14 February 1989, Starfruit v Commission, case 247/87, available in: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:61987CJ0247.
[3] https://eur-lex.europa.eu/legal-content/ES/ALL/?uri=CELEX%3A52017XC0119%2801%29 .
[4] Full information on the procedure and rights pertaining to complaints can be found at