President
European Commission

 

Dear President,

I have received a complaint against the European Commission about how it handled the abovementioned infringement complaint.

The infringement complaint submitted by the complainant relates to the yearly publication of the list of army conscripts by Lithuania. The list, which is made available to the public online,[1] contains information that may make the conscripts identifiable (such as the first letter of their name and full surname, year of birth, region, conscript code). In addition, it discloses the conscription status of individual conscripts (medical checks planned, postponement requests, etc.).

The Commission closed the case on 27 July 2026. In the pre-closure letter, it informed the complainant of the possibility to seek remedy at the national level. In the closure letter, the Commission considered that the complainant had not provided any new facts or elements that would lead it to reconsider its previous position. 

I fully recognise the Commission’s margin of discretion in handling infringement issues and its role in interpreting EU law. The Commission is not obliged to engage with the complainant on every point of view or argument raised. However, the present complaint raises concerns that the Commission has failed to take into consideration and to address the arguments and evidence that the complainant submitted after receiving the pre-closure letter. These elements appeared prima facie new and relevant. They concerned in particular the fact that the complainant had sought a remedy through the different channels outlined by the Commission, without success, as well as the opinions of other national institutions on the matter.[2]

Based on the pre-closure letter, it is also not clear if the Commission, in handling the complaint, has approached it as a purely individual (rather than systemic) matter.

Therefore, I have decided to open an inquiry into this complaint and have concluded that it would be useful to receive a written reply from the Commission, addressing the following questions:

A) Could the Commission clarify and provide explanations on whether or not, in its view, Regulation 2016/679[3] and the Charter of Fundamental Rights of the Union[4] apply to the matter at stake?

B) Depending on the answer to question A), could the Commission set out its view on the application of Article 23 of Regulation 2016/679 by the Lithuanian authorities?

C) Could the Commission explain how it has assessed the evidence and arguments provided by the complainant at pre-closure stage, in particular as regards the systemic nature of the problem and the lack of effective remedy at the national level?

D) In light of the above, could the Commission explain whether it maintains its position not to pursue the case on the basis that it should be dealt with at national level (through individual remedy), and if so, why.

I would be grateful if the Commission could send its reply by 8 January 2027. Please note that the reply will be shared with the complainant for comments.

In addition, I have decided to inspect the file of the infringement complaint, in particular any document containing evidence of the Commission’s assessment of the case. This includes all documents directly related to the case, including documents that may not have been registered. The Commission should provide the files by the same date. I would be grateful if the Commission, in its reply to my questions, could provide a document list which may be shared with the complainant together with the reply. 

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.[5]

The responsible inquiries officer is Ms Amandine Le Bellec.

Yours sincerely,

Teresa Anjinho
European Ombudsman

Strasbourg, 25/09/2026

 

[1] Please see the following website: https://sauktiniai.karys.lt/

[2] In particular the Lithuanian Ombudsperson, and the Lithuanian Ministry of Justice.

[3] In view of Article 2(2), in particular point (a) and/or (d), of Regulation 2016/679, and of case C-33/22, mentioned by the Commission in its pre-closure letter, as well as any other Articles or case law that the Commission finds relevant. 

[4] Article 7 and 8 of the Charter, in light of Article 51(1).

[5] 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.