Zdraveite, iskam samo da vi kaja che moje nesto da se napravi. Anglia v momenta narushava evropeiskoto zakonodatelstvo i moje da se File a Complaint koito ste razdviji nestata. Predi niakolko godini imashe takiva prezedenti ot iztochnoevropeizi koito biaha resheni polojitelno, i togava European Court of Justice izleze s reshenie che tezi vizi ne sa tolkova previlegia, kolkoto pravo na grajdanite na asociiranite strani. Procedurata za oplakvane srestu narushenieto na United Kingdom na evropeiskoto zakonodatelstvo e slednata:

How to prepare a complaint form

Interview with Serge Mary, Director in PricewaterhouseCoopers
in Belgium

, 21 January 2004

The European Commission suggests that complaints be filed according to a template which includes basic information on an alleged infringement of the Community law and the complainant. The Commission makes it clear that complainants do not have to use the template – it will suffice if they present, in an ordinary letter, the greatest amount of information possible which is significant to the case.

A complaint is to be filed in one of the EU official languages. After 1 May this year the Polish language will become one of these. In this paper we have used the English template published on the Commission website.

The complaint form, or letter containing the complaint, should be mailed to the following address: Commission of the European Communities, attn. Secretary-General, Rue de la Loi 200, B-1049 Brussels. The form may also be delivered to any of the Commission representations in the Member States. In Poland the address is likely to be the same as the present address of the Commission representation in Warsaw: European Commission Delegation, 53 Emilii Plater St., 00-478 Warsaw.

The complainant should notify the Commission of any change in his or her address and of any other events which are significant to the case. A complainant may make it clear that his or her personal details are not to be disclosed in the contacts between the Commission and the authorities of the state against whom a complaint has been lodged. However, the Commission warns that in some cases processing the complaint may require that such details be given.

What counts is the quality of the complaint not the quantity

Serge Mary, director in PricewaterhouseCoopers in Belgium, expert in the field of proceedings before the EU institutions

What happens to a complaint in respect of application of the Community law filed with the EU Commission?

- The European Commission is the bulwark of the Treaty Establishing the European Community and it should be addressed with any petitions pertaining to infringement of the Community law. After a complaint has been filed, the Commission calls the government of the Member State to provide explanations within two months. If the explanations are to the Commission’s satisfaction, nothing then happens and the case is discontinued. However, if the Commission deems the explanations are not reasonable and fit, it sends another letter to the Member State government in which it states that the explanations have not been accepted and provides a new 2-month deadline for the government to provide information on the proposed actions aimed at remedying the incompliance. Then, if there is no response or the response is unsatisfactory, the Commission institutes formal proceedings against infringement of the Community law before the European Court of Justice. Nationals themselves do not have the right to institute the proceedings.

Is a complaint against a given case of infringement more powerful if more than one person is complaining?

- A complaint has equal legal force, irrespective of how many people are filing it, one person, one hundred or a thousand people. A complaint is valid if it shows there has been an infringement of the Community law. There have been cases in which an individual has filed a complaint with the Commission and it has responded immediately with actions against the Member State concerned. In one of those cases a lawyer complained to the Commission against Belgian regulations which restricted the provision of services in Belgium by lawyers from the other Member States. In consequence, Belgium had to change the regulations.

Can prior litigation with national authorities or obtaining their opinion on compliance with the Community law be helpful to the Commission’s actions?

- I think it can. The documents of such proceedings or opinions issued may provide evidence for the Commission that the EU regulations are not being/have not been complied with. The procedures require that the Commission gives the Member States its “justified opinion” on the alleged infringement. Such evidence would support the opinion.

Which types of infringement of the Community law is the Commission the most sensitive to?

- Generally, all matters relating to the implementation of the Community law in the Member States are significant. Each branch of the EU legislation has its own specifics and principles. For example, if we take VAT into consideration, the neutrality of the tax towards the business is essential. The Commission does not like it when a taxpayer is formally eligible to a tax refund, but in practice it takes a very long time for him to receive it. This also refers to the imposition of various fines if they are excessive in relation to the offence. Additionally, the Commission is sensitive to any cases in which the regulations and practices infringe the principle of equal competition within the common market. Currently, it is being considered whether to institute proceedings before the ECJ against the infringement of the Community law by one of the Member States which does not apply the special regulations prescribed for travel agencies.

Commentary of the European Commission to the form of the request against the infringement of the Community law

Each Member State is responsible for the implementation of the Community law in its legislation. The respective provisions must be adopted before the set deadline, must comply with EU standards and must be appropriately applied. In accordance with the Treaty establishing the European Union, the EU Commission is responsible for ensuring that the Community law is appropriately applied. In consequence, if a Member State does not fulfil its obligations under the Community law, the Commission may endeavour to remedy such infringement in its own capacity and may submit the case to the Court of Justice of the European Communities for adjudication, should such need arise. The Commission may take any and all action it deems reasonable and fit in response to a complaint. The Commission may take similar action if the Commission itself has found an alleged case of infringement of the Community law. A member state’s failure to fulfil the obligations under the Community law may have the form of an act or omission. The term “state” relates to the Member State which infringes the Community law, irrespective of the type of authority stemming from it – the central, regional or local one – to which the failure to fulfil the obligations may be imputed. Any person may file a complaint with the Commission against any legal means (acts, order or administrative decisions) or practices which they deem to be incompliant with the provisions or principles of the Community law. Complainants do not have to present their interest in instituting the procedure. Nor do they have to prove that they are directly concerned by the said infringement. In order to be admitted, a complaint must relate to an infringement of the Community law by the Member State. It should be noted that the Commission’s authorities have the right to decide whether to take any action, according to the rules and priorities established by the Commission in respect of instituting and conducting infringement proceedings.

The Commission encourages anyone who thinks that the legal means (acts, order or administrative decisions) or practices are incompliant with the Community law to try to change them through the national administrative or judicial authorities first (including the ombudsman as well as arbitration and conciliatory proceedings. The Commission recommends that those institutions seek a review before filing a complaint, since it may be to the complainant’s advantage. It is a general principle that while using the means available at the national level, the complainants may defend their rights in a more direct and personal way than when instituting infringement proceedings, which, even if successful, may be very time consuming. Additionally, before the case is brought to the Court of Justice, the Commission must contact the Member States concerned in order to try to remedy the infringement. Any infringement of the Community law established by the Court of Justice does not affect the complainant’s rights, since the procedure is not designed to determine individual matters. The sole purpose is to oblige the Member States to comply with the Community law. Complainants should seek individual claims before the national courts.