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Europeiska ombudsmannen
Europeiska ombudsmannen

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Decision In case 1554/2018/PB on how the European Commission handled an infringement complaint against Germany concerning a national court decision on pension rights

Beslut
Ärende 1554/2018/PB - Undersökning inledd den Tisdag | 02 oktober 2018 - Beslut den Tisdag | 02 oktober 2018 - Berörda institutioner Europeiska kommissionen ( Inget administrativt missförhållande upptäckt ) - Land Tyskland

The complaint to the European Commission

1. The complainant, a former citizen of the German Democratic Republic, complained to the European Commission that Germany had infringed EU law by failing to respect the rule of law. He did so following a decision by a German court of appeal that overturned a judgement of a regional court, which had recognised certain pension rights related to the complainant’s employment in the former German Democratic Republic. The legal and factual issues in question were of a particularly technical nature.

The European Commission response to the complainant

2. The European Commission first explained to the complainant that the subject matter of his infringement complaint did not fall within the competence of the European Union, and it could therefore not take any action.

3. The Commission also explained that, under EU law, the legal interpretation made by a Member State court in an individual case is not relevant to the question of whether a Member State respects the rule of law. The rule of law implies, among other things, that law and justice are secured through independent courts. This was not at issue in the case raised by the complainant.

4. Dissatisfied with the Commission’s reply, the complainant turned to the Ombudsman arguing that the Commission should take action against Germany.

The European Ombudsman's findings

5. The Commission is responsible for overseeing the effective application, implementation and enforcement of EU law by the Member States[1]. In the event that a Member State fails to fulfil an obligation under the EU Treaties, the Commission can take measures (infringement proceedings) to bring this infringement to an end. The primary purpose of the infringement procedure is to ensure that Member States give effect to EU law in the general interest, not to provide individual redress[2].

6. The correspondence provided by the complainant shows that the Commission properly examined the infringement complaint. It shows, for instance, that the Commission fully understood the factual and legal background to the issue raised by the complainant. The final letter to the complainant, which followed considerable previous correspondence with the Commission, was clear and friendly.

7. The evidence provided in this case, as well as relevant correspondence provided by the complainant in the context of a previous complaint to the Ombudsman, show that the findings by the Commission are comprehensive and reasonable.

8. Hence, based on the information provided by the complainant, the Ombudsman finds no maladministration[3] in this case.

 

Tina Nilsson

Head of Inquiries - Unit 4

Strasbourg, 02/10/2018

 

[1] Article 17(1) Treaty on European Union and Article 258 Treaty on the Functioning of the European Union. 

[2] Point 4 of the Communication.

[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