Complaint form

Alleged breach of Union law by a member state

I. IDENTITY AND CONTACT DETAILS

  1. INDIVIDUALS
  2. BUSINESSES OR ORGANISATIONS
  3. Sector / field of activity and location(s) where active

  4. ADDRESS OR REGISTERED OFFICE
  5. Please inform the European Commission of any changes to your address and any event likely to affect the handling of your complaint.

    Providing your email address will make it easier for the Commission to contact you.

  6. I am submitting this complaint on behalf of someone else (an individual or a business / organisation):

  7. Correspondence from the Commission can be sent either to the complainant or to the complainant's representative.
  8. Please click the appropriate box

    II. DESCRIPTION OF THE SUSPECTED INFRINGEMENT OF UNION LAW

  9. Description of the facts and the reasons for your complaint (mandatory)
  10. Please do not write more than 2 pages or 1500 words

    If possible, please specify the following:
    • Name of EU country and national, regional or local authority or authorities that you believe to have breached Union law (mandatory)
    • Specific national measure(s) (national law or other regulatory or administrative measures) that you believe to infringe Union law, and why they breach Union law (mandatory)
    • Union laws (e.g. Treaties, regulations, directives, decisions) or principles underpinning Union law that you believe to have been breached by the authorities of the EU country concerned
    • Does the EU country concerned receive EU funding relating to the issue that prompted your complaint, or may it receive such funding in future?

  11. Does your complaint relate to the EU Charter of Fundamental Rights, which applies only to the implementation of Union law (Article 51)?
  12. The EU Charter of Fundamental Rights applies only to the implementation of Union law by EU governments. This means a complaint is valid only if it relates to a breach of fundamental rights that occurs when an EU government is implementing Union law.

    If the national government is acting on the basis of national law only, the Commission cannot investigate the case or start the formal infringement procedure on the basis of the EU Charter.

  13. If possible, please provide a list of documents or evidence in support of your complaint (including the national measures concerned) that you can send to the Commission if it so requests:
  14. Please do not send any copies of documents at this stage. The Commission will ask you for additional information or copies of documents later, if necessary.

    III. APPEALS/LEGAL ACTIONS/ OTHER ACTIONS

  15. Have you already taken action in the EU country concerned to attempt to solve this problem, or are you aware of any action in the country concerned covering the issue you raise in this complaint? (mandatory)
  16. Only national courts can annul a national decision. The only way in which you can assert your rights directly and personally is to use the means of redress available in the country concerned.

    This is especially relevant if you are seeking compensation for losses. Only national courts have the power, where appropriate, to order national authorities to provide compensation for losses suffered by individuals as a result of a breach of Union law.

    The formal infringement procedure initiated by the Commission does not assert your rights directly and do not result in compensation. To seek compensation, you must initiate a court action within the time limit prescribed by national law. The act of submitting a complaint to the Commission does not suspend such time limits.

  17. If you answered yes to point 9, what action have you already taken in the country concerned to tackle the problem? (mandatory)
  18. If applicable, please state what type of decision(s) resulted from the administrative procedure.

    Where applicable, please provide a list of your correspondence/contact(s) with public authorities. Include a short summary (maximum 500 words).

    Please state whether your action has been settled by a court or is pending before a court. If the case is pending, when can a decision be expected?

  19. If you answered no to point 9, please consider taking action in the EU country concerned to tackle your problem. You will be able to assert your rights directly and personally by using national means of redress
  20. If you have decided not to take action to tackle your problem in the country concerned, why not?


  21. Please indicate whether you have already contacted other EU institutions and bodies to request help in solving your problem:
  22. Please give the reference assigned to your complaint, file, correspondence, etc by the institution or body concerned.
  23. Have you already contacted any of the institutions or bodies dealing with problems of this nature? If yes, which one(s), and what was the outcome?
  24. Please give the reference assigned to your complaint, file, correspondence, etc. by the institution or body concerned.
  25. If, after examining your case, the Commission considers that SOLVIT is better placed to deal with it, do you agree to your complaint being transferred to SOLVIT ? (mandatory)
  26. SOLVIT is a service provided by the national administration which handles problems that involve more than one EU country, arising from the misapplication of Union law by national public administrations in the single market. There is a SOLVIT centre in the 28 EU countries, plus Norway, Iceland and Liechtenstein.

    If your complaint is transferred to SOLVIT, the Commission will close it and inform you in writing to that effect.

    IV. CONFIDENTIALITY – DATA PROTECTION

    (mandatory)

    Please note that disclosing your identity may make it easier for the Commission to deal with your complaint in some cases.