On 21 October 2018, the complainant wrote to the European Commission concerning the practice relating to the release to service for aircraft maintenance^[1]. On 18 January 2019, the complainant reminded the Commission about the issue. As the complainant had not received a reply (first issue), it turned to the European Ombudsman on 21 January 2019. It also argued (second issue) that the delay in replying might have been caused by the “uncomfortable” nature of the issue raised.

2. The Ombudsman’s inquiry team contacted the Commission. The Commission then forwarded to the complainant the reply it had sent by post on 19 December 2018.

3. In its reply, the Commission explained the respective roles of the European Union Aviation Safety Agency (EASA) and the competent national authorities in the area of aviation safety. It informed the complainant that the EASA would finalise its findings concerning the practice on the release to service of aircraft in the Member State concerned in the coming weeks. By replying to the complainant on 19 December 2018, the Commission complied with the period set out in the Commission’s Code of Good Administrative Behaviour^[2].

4. The Commission has also taken note of the complainant’s request to communicate with it electronically in the future and updated the complainant’s contact details.

5. As a reply has now been sent, the first issue of the complaint is resolved. As regards the second issue, in the light of the finding in point 4, there are insufficient grounds to inquire into it. I have therefore decided to close the case^[3].

 

Marta Hirsch-Ziembińska

Head of Inquiries and ICT - Unit 1

Strasbourg, 30/04/2019

 

[1] This is the procedure for certifying the maintenance carried out. A release to service does not necessarily mean that the aircraft is airworthy and ready for flight. It is a release after the performance of a maintenance. The procedure is provided for by Commission Regulation 1321/2014 on of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks.

[2] Article 4 Dealing with enquiries.

https://ec.europa.eu/info/sites/info/files/code-of-good-administrative-behaviour_en.pdf

[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