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Decision in case 319/2018/STI on the European Commission’s failure to reply to the complainant’s observations regarding an infringement complaint against Romanian legislation implementing the EU data protection rules

Dostępne języki :  en.ro
  • Sprawa :  319/2018/STI
    Otwarta 2018-03-07 - Decyzja z 2018-04-24
  • Dotyczy(Dotyczą) instytucji :  Komisja Europejska

1. In 2015, the complainant submitted an infringement complaint to the Commission about an alleged incompatibility of the Romanian legislation with the EU data protection legislation.

2. On 7 December 2017, the Commission informed the complainant that it intended to close the case and invited him to submit observations.

3. On 11 December 2017, the complainant sent his observations to the Commission.

4. In the absence of a reply from the Commission, the complainant turned to the European Ombudsman.

5. On 7 March 2018, the Ombudsman’s inquiry team contacted the Commission.

6. On 26 March 2018, the Commission replied to the complainant’s letter of 11 December 2017 and apologised for the delay incurred. The Commission explained the distribution of the tasks on monitoring the application of EU law between the Member States and the Commission. It also explained that, as it had already informed the complainant on several occasions[1], the Commission does not intervene in individual cases, and that the complainant should try to solve the issues raised by lodging a formal complaint with the Romanian Data Protection Authority or by having recourse to the national courts. The Commission informed the complainant that it would close the case.

7. As a reply has now been sent, this complaint is resolved[2] and I have decided to close the case[3].


Lambros Papadias

Head of Inquiries - Unit 3

Strasbourg, 24/04/2018


[1] There had been several rounds of exchanges of letters and observations between the Commission and the complainant. As the Commission did not reply to some of the complainant’s letters, he turned to the Ombudsman with previous complaints 185/2017/DR, 727/2017/DR, 1520/2017/STI and 1840/2017/STI.

[2] If the complainant considers that the institution’s reply is not satisfactory, it is open to him to make a new complaint to the Ombudsman.

[3] This complaint has been dealt with under delegated case handling, in accordance with Article 11 of the Decision of the European Ombudsman adopting Implementing Provisions