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2578/2009/(BU)DK

The scope of the Ombudsman's mandate in such complaints is limited to examining whether the Commission acted with diligence in the case of the infringement complaint submitted to it. Diligence in this respect means (i) compliance with the rules and procedures established in the 2002 Communication on relations with the complainant in respect of infringements of Community law (the '2002 Communication') which aims to establish a clear and transparent framework for the handling of infringement complaints; and (ii) the level of care which the Commission is expected to exercise when responding to infringement complaints submitted to it. The level of care includes explaining adequately (a) the reasons why the Commission chose a particular course of action and (b) the Commission's view that it has acted within the limits of its legal authority.