Dear Mr X,

You recently submitted a complaint to the European Ombudsman about how the European Commission handled your infringement complaint.

In your infringement complaint to the Commission, you contended that the Irish police violated the principle of mutual recognition of the driving licences and the presumption of validity of motor vehicle liability insurance of vehicles registered in other EU Member States. You also contended that the Irish police violated your fundamental rights, including the freedom of movement, the principle of non-discrimination and the right to private property.

In your complaint to the Ombudsman, you appear to take the view that the Commission was wrong to close your complaint. You argue, in summary, that what happened to you in Ireland constitutes evidence of a systemic failure of Ireland to comply with EU law.  

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 by the European Commission.

The Commission enjoys wide discretion in deciding whether and when to commence an infringement procedure.[1] Its policy on infringements of EU law is set out in its Communication ’EU law: Better results through better application’.[2] The role of the Ombudsman in cases such as these is to verify whether there has been any manifest error of assessment and whether the Commission has provided clear and reasonable explanations.

Based on the information provided in your complaint, there is no evidence that there was any manifest error of assessment by the Commission. The Commission provided clear information on why it considers that your case does not indicate a breach of EU law, and its reply is reasonable. As the Commission informed you, it has no general powers to intervene with a Member State in an individual case. The Commission has the discretion to take the view that it does not consider your case to constitute evidence of a systemic failure of Ireland to comply with EU law.

I appreciate this may not be your desired outcome, but I hope you find these explanations helpful. Thank you for having contacted the European Ombudsman.

Yours sincerely,

Tina Nilsson
Head of the Case-handling Unit

Strasbourg, 03/07/2025

 

[1] Judgment of the Court of 14 February 1989, Starfruit v Commission, case 247/87, available at: https://eurlex. europa.eu/legal -content/EN/TXT/?uri=CELEX:61987CJ0247.

[2] https://eur-lex.europa.eu/legal -content/EN/TXT/PDF/?uri=CELEX:52017XC0119(01)&from=EN