Failure by a Member State to comply with Community law: standard form for complaints to be submitted to the European Commission

(1999/C 119/03)

COMPLAINT(1)

TO THE COMMISSION OF THE EUROPEAN COMMUNITIES CONCERNING FAILURE TO COMPLY WITH COMMUNITY LAW

1. Surname and forename of complainant:

2. Where appropriate, represented by:

3. Nationality:

4. Address or registered office(2):

5. Telephone/fax/e-mail address:

6. Field and place(s) of activity:

7. Member State or public body alleged by the complainant not to have complied with Community law:

8. Fullest possible account of facts giving rise to complaint:

9. As far as possible, specify the provisions of Community law (Treaties, Regulations, Directives, Decisions, etc.) which the complainant considers to have been infringed by the Member State concerned:

10. Where appropriate, mention the involvement of a Community funding scheme (with references if possible) from which the Member State concerned benefits or stands to benefit, in relation to the facts giving rise to the complaint:

11. Details of any approaches already made to the Commission's services (if possible, attach copies of correspondence):

12. Details of any approaches already made to other Community bodies or authorities (e.g. European Parliament Committee on Petitions, European Ombudsman). If possible, give the reference assigned to the complainant's approach by the body concerned:

13. Approaches already made to national authorities, whether central, regional or local (if possible, attach copies of correspondence):

13.1. Administrative approaches (e.g. complaint to the relevant national administrative authorities, whether central, regional or local, and/or to a national or regional ombudsman):

13.2. Recourse to national courts or other procedures (e.g. arbitration or conciliation). (State whether there has already been a decision or award and attach a copy if appropriate)::

14. Specify any documents or evidence which may be submitted in support of the complaint, including the national measures concerned (attach copies):

15. Confidentiality (tick one box)(3):

[square ] "I authorise the Commission to disclose my identity in its contacts with the authorities of the Member State against which the complaint is made."

[square ] "I request the Commission not to disclose my identity in its contacts with the authorities of the Member State against which the complaint is made.":

16. Place, date and signature of complainant/representative:

(Explanatory note to appear on back of complaint form)

Each Member State is responsible for the implementation of Community law (adoption of implementing measures before a specified deadline, conformity and correct application) within its own legal system. Under the Treaties, the Commission of the European Communities is responsible for ensuring that Community law is correctly applied. Consequently, where a Member State fails to comply with Community law, the Commission has powers of its own (action for non-compliance) to try to bring the infringement to an end and, if necessary, may refer the case to the Court of Justice of the European Communities. The Commission takes whatever action it deems appropriate in response to either a complaint or indications of infringements which it detects itself.

Non-compliance means failure by a Member State to fulfil its obligations under Community law, whether by action or by omission. The term State is taken to mean the Member State which infringes Community law, irrespective of the authority - central, regional or local - to which the non-compliance is attributable.

Anyone may lodge a complaint with the Commission against a Member State about any measure (law, regulation or administrative action) or practice which they consider incompatible with a provision or a principle of Community law. Complainants do not have to demonstrate a formal interest in bringing proceedings. Neither do they have to prove that they are principally and directly concerned by the infringement complained of. To be admissible, a complaint has to relate to an infringement of Community law by a Member State. It should be borne in mind that the Commission's services may decide whether or not further action should be taken on a complaint in the light of the rules and priorities laid down by the Commission for opening and pursuing infringement procedures.

Anyone who considers a measure (law, regulation or administrative action) or administrative pratice to be incompatible with Community law is invited, before or at the same time as lodging a complaint with the Commission, to seek redress from the national administrative or judicial authorities (including the national or regional ombudsman and/or arbitration and conciliation procedures available). The Commission advises the prior use of such national means of redress, whether administrative, judicial or other, before lodging a complaint with the Commission, because of the advantages they may offer for complainants.

By using the means of redress available at national level, complainants should, as a rule, be able to assert their rights more directly and more personally (e.g. a court order to an administrative body, repeal of a national decision and/or damages) than they would following an infringement procedure successfully brought by the Commission which may take some time. Indeed, before referring a case to the Court of Justice, the Commission is obliged to hold a series of contacts with the Member State concerned to try to terminate the infringement.

Furthermore, any finding of an infringement by the Court of Justice has no impact on the rights of the complainant, since it does not serve to resolve individual cases. It merely obliges the Member State to comply with Community law. More specifically, any individual claims for damages would have to be brought by complainants before the national courts.

The following administrative guarantees exist for the benefit of the complainant:

(a) Once it has been registered with the Commission's Secretariat-General, any complaint found admissible will be assigned an official reference number. An acknowledgment bearing the reference number, which should be quoted in any correspondence, will immediately be sent to the complainant. However, the assignment of an official reference number to a complaint does not necessarily mean that an infringement procedure will be opened against the Member State in question.

(b) Where the Commission's services make representations to the authorities of the Member State against which the complaint has been made, they will abide by the choice made by the complainant in Section 15 of this form.

(c) The Commission will endeavour to take a decision on the substance (either to open infringement proceedings or to close the case) within twelve months of registration of the complaint with its Secretariat-General.

(d) The complainant will be notified in advance by the relevant department if it plans to propose that the Commission close the case. The Commission's services will keep the complainant informed of the course of any infringement procedure.

(1) Youre are not obliged to use this form. You may also submit a complaint by ordinary letter, but it is in your interest to include as much relevant information as possible. You can send this form by ordinary mail to the following address: Commission of the European Communities

(Attn: Secretary-General)

Rue de la Loi/Wetstraat 200 B - 1049 Brussels .

You may also hand in the form at any of the Commission's representative offices in the Member States. The form is accessible on the European Union's Internet server: http://europa.eu.int/comm/sg/lexcomm To be admissible, your complaint has to relate to an infringement of Community law by a Member State.

(2) You should inform the Commission of any change of address and any event likely to affect the handling of your complaint.

(3) Please note that the disclosure of your identity by the Commission's services may, in some cases, be indispensable to the handling of the complaint.