Ms Ursula von der Leyen President European Commission

 

Dear President,

I have received a complaint against the European Commission and have decided to open an inquiry into this complaint.

The complaint concerns the Commission’s handling of an infringement procedure against Italy regarding the failure to properly implement the Industrial Emissions Directive and other applicable EU environmental law – INFR(2013)2177.

The complainants contend that the Commission (i) has incurred significant and unjustified delays in its handling of infringement procedure INFR(2013)2177; (ii) has failed to communicate adequately and transparently with the complainants and the wider public about the matter; and (iii) has failed to bring Italy to the Court of Justice of the EU. They claim that the Commission should (i) take a decision on the infringement procedure INFR(2013)2177 without any further delay; (ii) clarify and explain in detail why the procedure has taken 12 years and why the second additional letter of formal notice was needed; and (iii) refer Italy to the Court of Justice of the EU.

The complainants further argue that the matter is of significant public interest, given its implications on human health and the environment.

I have now concluded that it would be useful to receive a written reply from the Commission to this complaint.

Please note that I am likely to send your reply and related enclosures to the complainants for comments^[1].

I would be grateful to receive the Commission’s reply by 30 September 2025, setting out in detail the steps taken by the Commission since it issued the first letter of formal notice. I would be grateful if the Commission could submit the reply in English, which is the language of the complaint. I may also decide to publish your reply.

I have also decided that, for the purposes of the inquiry, it is necessary for my inquiry team to inspect the full Commission file concerning the infringement procedure in question, also by 30 September 2025. The documents should include copies of any internal assessment (including documents that may not have been registered) and copies of all correspondence and relevant documents exchanged between the Commission and Italy (including documents that may not have been registered) since the first letter of formal notice was issued in 2013. Information or documents that your institution considers to be confidential will not be disclosed to the complainant or any other person without the prior agreement of the Commission^[2].

Once my inquiry team has inspected the file, the inquiry team may also request a meeting to seek clarifications on any remaining issues.

The responsible inquiries officers are Eija Salonen and Ludovica Aquino.

Yours sincerely,

 

Teresa Anjinho

European Ombudsman

Strasbourg, 11/07/2025

 

 

[1] If you wish to submit documents or information that you consider to be confidential, and which should not be disclosed to the complainant, please mark them ‘Confidential’. Encrypted emails can be sent to our dedicated mailbox . Information and documents of this kind will be deleted from the European Ombudsman’s files shortly after the inquiry has ended.

[2] Please clearly mark such material ‘Confidential’. Encrypted emails can be sent to our dedicated mailbox . Information and documents of this kind will be deleted from the European Ombudsman’s files shortly after the inquiry has ended.