unsolved complaints with the European Commission 2004/38/EC

[ca.funke]

Hi all,

I have a bunch of issues concerning 2004/38/EC, for each of which I lodged a complaint with the European Commission.

If you find this thread boring (it probably is) but you live in Ireland or the UK (no other condition ), this may still be interesting for you.

Some of the problems were responded to and some are solved. Some are unsolved, and for some I simply never got a reply from the Commission.

Does anyone have any remarks on the below issues? Does anyone have the same experience of not getting a reply from Brussels at all?

I am thinking to involve the Ombudsman and wish to find the right procedure for doing so.

Following, please find a post per lodged complaint.

Regards,
Christian

[ca.funke]

This complaint (SG/CDC/2008/A/1076) deals with the fact that the UK may not be visited with a "residence-card for a family-member of an EU-citizen" (as per Article 5(2) of 2004/38/EC), as the UK -illegally- interprets this rule to be applicable for UK-issued residence cards (only).

The Commission replied that they are aware of the issue and that they are in contact with the relevant authorities in the UK. That was in April 2008, ever since there was no further correspondence.

Below you´ll first find my English translation, the original complaint text I sent is in German (below).

(Excuse my naive writing style, at the time I was convinced that the EU is a good and powerful institution who will actually work to help its citizens... tsstsstss...)

From: Christian
Date: 2008/4/4
Subject: SG/CDC/2008/A/1076 --- Complaint against the United Kingdom of Great Britain and Northern Ireland
To: SG-PLAINTES@ec.europa.eu

Dear Madam or Sir,

I hereby further specify my complaint against the UK exactly to the relevant point:

Article 5, Section 2, of Directive 2004/38/EC sais:

Family members who are not nationals of a Member State
shall only be required to have an entry visa in accordance with
Regulation (EC) No 539/2001 or, where appropriate, with
national law. For the purposes of this Directive, possession of
the valid residence card referred to in Article 10 shall exempt
such family members from the visa requirement.

This stipulates, as the website of the Commission specifies, that family members of EU-citizens, who are in possession of a valid residence permit issued by ANY memberstate, are exemted from the visa requirement.

The UK does not agree:

In the UK, 2004/38/EC is implemented through >>SI 2006 No.1003<<.

"Part 2" - Article 11 Section 2 Point a und b say:

(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a) a valid passport; and
(b) an EEA family permit, a residence card or a permanent residence card

Even short term visitors are obliged to apply for the mentioned "EEA-family-permit".

The "residence-card" is listed, however, in practice, only UK-issued "residence-cards" are accepted.

(...)

It would be good if this would be changed in such a way, that "residence cards of all memberstates" are explicitly accepted.

The current interpretation does not unfold the spirit of freedom intended by the directive.

(...)

From: Christian
Date: 2008/4/4
Subject: SG/CDC/2008/A/1076 --- Beschwerde gegen das Vereinigte Königreich von Großbritannien und Nordirland
To: SG-PLAINTES@ec.europa.eu


Sehr geehrte Damen und Herren,

hiermit präzisiere ich meine Beschwerde gegen das Vereinigte Königreich von Großbritannien und Nordirland exakt auf den relevanten Punkt:

Regulierung 2004/38/EC sagt in Artikel 5 Absatz 2 folgendes:

Von Familienangehörigen, die nicht die Staatsangehörigkeit
eines Mitgliedstaats besitzen, ist gemäß der Verordnung
(EG) Nr. 539/2001 oder gegebenenfalls den einzelstaatlichen
Rechtsvorschriften lediglich ein Einreisevisum zu fordern. Für
die Zwecke dieser Richtlinie entbindet der Besitz einer gültigen
Aufenthaltskarte gemäß Artikel 10 diese Familienangehörigen
von der Visumspflicht.

Dadurch ergibt sich, wie die Kommissionswebseite präzisiert, dass Familienangehörige eines EU-Bürgers, die im Besitz einer gültigen Aufenthaltskarte aus irgendeinem Mitgliedstaat sind, in allen Mitgliedstaaten von der Visumpflicht befreit sind.

Dies sieht das UK anders:

2004/38/EC wird im UK durch >>SI 2006 No.1003<< umgesetzt.

Unter "Part 2" - Artikel 11 Absatz 2 Punkt a und b heisst es hier:

(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a) a valid passport; and
(b) an EEA family permit, a residence card or a permanent residence card

Zu Besuchsreisen wird hier von Familienangehörigen immer die genannte "EEA-family-permit"-Genehmigung verlangt.

Zwar wird die "residence-card" aufgezählt, in der Praxis wird aber nur eine britische "residence-card" anerkannt.

Das dies die Interpretation der Behörden ist, ist auch in meinen bereits früher angeführten Emails zu lesen.

Es wäre schön hier eine Änderung herbeizuführen, so dass "residence cards" aller Mitgliedsstaaten explizit anerkannt werden.

In der aktuellen Situation entfaltet sich der Freiheitsgedanke der Regulierung nicht.


Gruß aus Dublin

Update May 12th 2011 - Received a letter from the Commission:

(...)Concerning the transposition of the visa exemptoin rule of Article 5(2) of the Directive in the UK, we drew attention to this particular issue in a bilateral meeting on 5 July 2010. The UK authorities replied on 24 February 2011 and maintained that the UK laws are not contrary to the Directive.

We are currently finalising our assessment of the UK transposition of the Directive. If our assessement, once finished, concludes that the UK rules on visa exemption are not in line with EU law, we will consider launching infringement proceedings against the UK under Article 258 of the Treaty of the functioning of the European Union.(...)

[ca.funke]

This is practically the same as before, against Ireland.

Here I received a reply clarifying if they got everything correctly... (yes, they did...) after that there was no further correspondence. (June 2008)

Dear Sir or Madam,

I hereby lodge a complaint against the Republic of Ireland.

This complaint comprises two items:

Item 1:

Directive 2004/38/EC (available here), article 5, section 2, states:

Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law.
(...)
Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

The comissions' website clarifies this as follows:

YOU MIGHT BE REQUIRED TO HAVE AN ENTRY VISA

Family members holding nationality of certain countries[3], which are subject to visa obligation, may be required to have an entry visa.

It is not allowed to require any other type of visa, such as residence or family reunification visa.
(...)

(...)

The Member State of destination should grant you every facility to obtain the necessary visa, which shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. (...)

As your right of entry is derived from your family ties with a Union citizen, all the Member State consular officials can ask you to produce for the visa application is your passport and a document establishing the family ties with a Union citizen, such as marriage or birth certificate and proof of dependence, where applicable.

As a summary, when an EU-citizen wants to visit Ireland together with his/her NON-EU spouse, and where 2004/38/EC applies, all that Ireland is allowed to demand before BEING OBLIGED to issue a visa, is:

• both passports AND
• the marriage certificate

The Republic of Ireland does not follow this interpretation. As stated on the website of the relevant Irish authority (attached as screenshot "GNIB"), an EU-citizen who wants to visit Ireland together with his/her NON-EU spouse has to produce the following papers, before Ireland will deal with the visa-application:

• Application Form
• Passport
• Valid Residence Card for EU State
• Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant's country of origin/residence
• Birth Certificate (long form) for children under 21 years, parental consent, national identity card (signed if required)
• Evidence that the EU Citizen spouse is exercising their EU Treaty Rights by being employed/self employed in the State or engaged in a valid vocational training programme or has sufficient financial resources and comprehensive sickness insurance cover
• Evidence that the applicant is accompanying the EU Citizen to Ireland – e.g. return airline/ferry tickets in both names

The additionally demanded papers ignore the spirit of the directive, and directly contradict what is stated on the commissions' website, as cited above.


Item 2:

The same directive, 2004/38/EC, article 5, section 2, states:

Family members who are not nationals of a Member State
shall only be required to have an entry visa
(...)
For the purposes of this Directive, possession of
the valid residence card referred to in Article 10 shall exempt
such family members from the visa requirement.
(...)

The comissions' website clarifies this part as follows:

YOU MIGHT BE REQUIRED TO HAVE AN ENTRY VISA

Family members holding nationality of certain countries[3], which are subject to visa obligation, may be required to have an entry visa.

(...)

Possession of the valid residence card, referred to in the relevant fact sheet, issued by any Member State, exempts you from the visa obligation not only in the Member State which issued the residence card, but in all Member States.

As a summary, a married EU / non-EU couple, which is in posession

• of a residence-card
• that is issued according to this law
• by any EU-state other than Ireland

is allowed to enter Ireland without an additional visa.

The Republic of Ireland does not follow this interpretation. The website of the relevant Irish authority (attached as screenshot "GNIB") does not state this fact at all.

Instead, Ireland insists that the visa, as described, is necessary for any visit to Ireland, regardless of personal circumstances.


Thanks for dealing with this as a grave matter.

Thanks and regards from Dublin

Update May 12th 2011 - Received a letter from the Commission:

(...)Concerning the transposition of the visa exemption rule of Article 5 (2) of the Directive in Ireland, the Irish authorities announced recently that they are amending their laws to comply with the Directive(...)

[ca.funke]

Against Ireland taking fingerprints, which is incompatible with 2004/38/EC.

Sent in September 2008, no reply at all.

---------- Forwarded message ----------
From: Christian
Date: Thu, Sep 4, 2008 at 12:06
Subject: Re: Complaint against the Republic of Ireland
To: EU Plaintes <sg-plaintes@ec.europa.eu>

Dear Sir or Madam,

the Republic of Ireland is in breach of Directive 2004/38/EC in yet a new way:

When a residence-card as per Article 10 of the Directive is issued, the authorities now take fingerprints of the applicants and store them at unknown locations/databases for unknown/unspecified reasons.

I believe this procedure to be in contradiction of Article 10, section 2, which gives an exhaustive list of requirements that applicants have to provide. Fingerprint are not listed and may therefore not be required.

Please investigate whether this procedure breaks EU-law.


Thanks and regards from Dublin,

Update May 12th 2011 - Received a letter from the Commission:

(...)Currently, there is no explicit EC legal basis for the Member States to process the biometrics in residence cards for family members of EU-citizens. This, however, does not mean that taking fingerprints is unlawful as the appropriate legal basis could also be provided in national legislation, if it is necessary for a specific purpose related to EU law.

The fingerprinting and the subsequent processing of the personal data must in particular be proportionate and in line with the (national and EC) legal provisions for the processing of personal data as reading, collection and storage of biometrics is "processing of personal data" as defined by Article 2 of Data Protection Directive 95/46/EC.(...)

[ca.funke]

Against various countries, not respecting the 4EUFam-card as valid for entry

This is based on my findings within >>this<< thread.

Sent in September 2008, there was no reply at all.

---------- Forwarded message ----------
From: Christian
Date: Thu, Sep 11, 2008 at 10:48 AM
Subject: Complaint against various countries in connection with 2004/38/EC
To: EU Plaintes <sg-plaintes@ec.europa.eu>
Cc: consulate_dublin@mzv.cz, embassy.dublin@mfa.ee, chancellerie@ambafrance.ie, embgr@eircom.net, mission.dub@kum.hu, ambasciata.dublino@esteri.it, amb.ie@urm.lt, correio@dgaccp.pt, ptembasseydublin@tinet.ie, slovak@iol.ie, consular.dubli@fco.gov.uk


Dear Madam or Sir,

I hereby lodge a complaint against the following countries:

• the Czech Republic
• Estonia
• France
• Greece
• Hungary
• Italy
• Lithuania
• Portugal
• Slovakia
• the United Kingdom of Great Britain and Northern Ireland

Grounds for the complaint:

I am German, my wife is Lebanese, we live in Ireland and we are in possession of a "Residence card of a family member of a Union citizen" (in Ireland called "4EUFam").

As per Directive 2004/38/EC, Articles 5 and 10, we have the right to travel throughout all of the European Union without additional visas for my Lebanese wife. This right is additionally confirmed on >>your very own website<<.

(http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html)

YOU MIGHT BE REQUIRED TO HAVE AN ENTRY VISA
(...)
Possession of the valid residence card, referred to in the relevant fact sheet, issued by any Member State, exempts you from the visa obligation not only in the Member State which issued the residence card, but in all Member States.

The above mentioned countries deny us this right, urging us to apply for visas before traveling.

Please see emails exchanged and websites reviewed with/of the above embassies on >>this<< website.
(http://www.immigrationboards.com/viewtopic.php?t=30020)


Thanks for taking immediate action, as we are deprived of one of our most fundamental rights, the freedom of movement.

Regards from Dublin

[ca.funke]

Against the EEA-FP visa-procedure of the UK.

lodged in October 2008, no reply at all

---------- Forwarded message ----------
From: Christian
Date: Wed, Oct 1, 2008 at 16:56
Subject: Complaint against the UK
To: EU Commission - Complaints <sg-plaintes@ec.europa.eu>
Cc: chancery.dublx@fco.gov.uk, visas.dubli@fco.gov.uk, Solvit UK <solvit@berr.gsi.gov.uk>, Solvit Ireland <solvit@entemp.ie>


Dear European Commission,
Dear Madam or Sir,
For your information CC the British Embassy in the Ireland and Solvit Ireland and the UK


I hereby lodge a complaint against the UK.

Article 5, Section 2 of Directive 2004/38/EC states that non-EU family members of EU citizens shall get visas without undue formalities and on the basis on an accelerated procedure.

Member States shall grant such persons every facility to obtain
the necessary visas. Such visas shall be issued free of charge as
soon as possible and on the basis of an accelerated procedure.

As you (the Commission) write on your own website, in order to issue such visas member-states are only allowed to ask for:

• Passport of EEA-citizen
• Passport of non-EU family member
• Document showing the family-bond, such as marriage certificate

The British Embassy in Ireland demands that a visa-appointment is taken via a website (http://www.visa4uk.fco.gov.uk). The earliest appointments are usually available roughly after 2 weeks (see attachement appointment.pdf, screenshot of today, October 01st 2008), which does not resemble any "accelerated procedure", as the law provides.

In order to be able to take this appointment lots of questions which go far beyond asking for passports and the marriage-certificate are asked. (see attachement eea.pdf, showing the 131 questions to be answered)

During the appointment the applicant is informed that the application will be decidet upon after "2 to 15 days". 15 days are not "accelerated" as this is the case for all applications.

Last but not least the UK authorities require the applicant to appear in the embassy in person to be able to take biometric data such as fingerprints. As such biometric data is not mentioned in the directive, this is equally in breach of this law.

Thank you for changing the approach taken by the UK's authorities through appropriate measures.

Regards from Dublin

[ca.funke]

This is against the UNREAL envisaged provisions of the CTA between the UK, Ireland and the crown-dependencies...

Posted October 2008, there was no reply at all.

---------- Forwarded message ----------
From: Christian
Date: Sat, Oct 25, 2008 at 00:56
Subject: Complaint against the Republic of Ireland and the United Kingdom
To: EU Commission - Complaints <sg-plaintes@ec.europa.eu>


Dear Madam or Sir,

the UK and Ireland operate the so called "Common Travel Area", which is an agreement that (mainly) allows checkpoint-free travel between these two states.

The implications of this are explained on the following Irish government's website:
http://www.citizensinformation.ie/categ ... and_the_UK

The following sentence can be found.

...The Common Travel Area means that there are no passport controls in operation for Irish and UK citizens travelling between the two countries...

This is clearly a discrimination against all other EU-citizens, travelling on the same routes as Irish or UK citizens.

For the UK, the following link contains a leaftlet by relevant ministers: (attached, uk-ireland-border-checks-consult.pdf)
http://www.statewatch.org/news/2008/jul ... onsult.pdf

Here, the following sentence can be found.

• introduction of full immigration controls for non-CTA nationals of countries other than the UK, the Republic of Ireland and the Crown dependencies on all sea and air routes by 2014
• new measures to verify the identities of UK, Irish and Crown dependency nationals on the same air and sea routes;
• the UK will consider increasing ad hoc immigration checks on vehicles in order to target non-CTA nationals on the Northern Ireland side of the land border.
• Movement without immigration controls for nationals of the CTA has been an important component of the special relationship which exists between the peoples of these islands, and provides long established political, economic and social benefits
• ...many more examples can be found in the text...

Please investigate weather such a discriminatory regulation against "non-CTA" EU-citizens can be valid within the EU.


Regards

[ca.funke]

This is against some rules in Belgium, which disallow working or travelling while waiting for the application to be processed.

Sent in October 2008, there was no reply at all.

---------- Forwarded message ----------
From: Christian
Date: Fri, Oct 24, 2008 at 22:13
Subject: Complaint against the Kingdom of Belgium
To: EU Commission - Complaints <sg-plaintes@ec.europa.eu>


Dear Sir or Madam,

I am a Belgian/German citizen, living with my Lebanese wife in Belgium.

As I excersised treaty-rights in Ireland together with my wife, Directive 2004/38/EC applies for us in Belgium although I'm a Belgian citizen. ("Surinder Singh Case") This does not seem to be a problem, as Belgium treats their own citizens according to the same laws as other EU-nationals anyway.

Upon arrival in Belgium we filed an application for a residence-card in accordance with Article 10 of Directive 2004/38/EC.

We were told that this will be treated according to Article 52 of the Royal Order of 08th October 1981.

• The Belgian law provides that my wife immediately receives a "proof of registration" ("attest van immatriculatie model A"). This card mentions that my wife is not allowed to work, which directly contradicts Article 23 of Directive 2004/38/EC.
• We were told that other provisions, possibly §3 of Article 52 of the Royal Order of 08th October 1981, mean that we are not allowed to leave Belgium during the timespan (§4 - up to five months) in which our application is pending. As territorial or travel-restrictions are not mentioned anywhere in the Directive, this must equally be contradicting the Directive should it be Belgian law.

Please investigate if Belgium is in breach of Directive 2004/38/EC in this regard.

Thanks and regards

[Obie]

We have written to them several times, but have yet to receive any clear or positive response.

We complained to them about the fact that the Irish Authority kept me and my family at the Airport for nearly four hours before letting us through when we first arrived and the irrelevant questions we were asked. No Reply.

Followed it up and was told the matter is being looked into.

Informed them about the incident when she came in with her driving licence, and the amount of harassment and intimidation faced. No response.

Notified them of the poor implementation and Interpretation of Article 5, by the British and Irish Authorities. But yet to receive any positive reply either.

Also informed them about the fact that, i have been requested to provide a document attesting supports provided by my sister, whiles i was living in the UK, even though i am under 21. Still no reply.

We have now forwarded our complaint to the Ombudsman in Dublin, and waiting to see what their response would be.

The service and the level of efficiency possessed by these organisations are quite abysmal, to say the least.

[Ben]

Informed them about the incident when she came in with her driving licence

A UK photocard driving licence is not proof of British citizenship if the holder was born in the UK after 31st December 1982 or outside the UK at any time.

[Obie]

She stuck by the rules fully.

She was instructed by the Irish Embassy in London to hold supporting documents, which she did. She even held more than was requested of her.


It was a problem of the border guards being ignorant, inept, poorly trained or simply stupid.

She was told that her name on her driver's licence doesn't tally with that of her naturalisation Certificate. Provided Marriage Certificate as evidence.

Told her son's name is different from that on her naturalisation Certificate. Informed the guard that, we usually give a child his father's surname and not the mother's surname, and besides the son's surname is similar to that on her driver's licence.

Asked why the husband withdraw his application for residency in the UK.

Company's transfer, and under the freedom of movement act she doesn't need to explain herself.

Within 30 minutes the guard was able to established from their system, that she was indeed British as claimed. Based on the information he gave to her about his husband's application process.

Intimidation process continue. Why did your family enter without a visa?

Matter already dealt with when they initially arrived and i see no need dealing with it now, when you are only trying to establish my citizenship as you said.

Have you got any documentation that this child is yours. Birth Certificate provided.

4 hours later, let out and told she is only been let in on humanitarian basis and if she was to enter without a passport in future she will be properly dealt with.

To think that a person who , in the six months of been in the state has paid thousands of Euro in taxes to the system, contributing through her job, to finding a cure for disease that is ruining thousand of life, could be treated like this when entering into the country she is contributing to, is truly heartbreaking.

[Ben]

Against Ireland taking fingerprints, which is incompatible with 2004/38/EC.

I also complained to the European Commission about this, by email, on 22/05/2009. No repsonse.

This is against the UNREAL provisions of the envisaged CTA between the UK, Ireland and the crown-dependencies...

On 12/03/2009 I sent this to them:

I would like to ask for clarification, in relation to the compatibility of the provisions of the Common Travel Area (CTA) that exists between Ireland and the United Kingdom, with European Directive 2004/38/EC.

The CTA arrangement provides that British and Irish citizens may travel among the CTA without the need to carry a passport. All other nationals, including EU nationals who are exercising Treaty Rights and residing in accordance with the provisions of Directive 2004/38/EC in either country, must be in possession of a valid passport / National ID card if they wish to cross between Ireland and the UK.

Article 24(1) of Directive 2004/38/EC makes clear, "all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. The benefit of this right shall be extended to family members who are not nationals of a Member State and who have the right of residence or permanent residence."

Therefore, I would like to request your assistance in providing clarification. Is the UK / Ireland Common Travel Area arrangement compatible with European Directive 2004/38/EC? If it is not compatible, does this entitle an EU national who is exercising Treaty Rights in either country (or indeed his family members), to move among the CTA in the same way as a British / Irish citizen may do so, without the need to carry and passport?

Your time and assistance in this matter is sincerely appreciated.

On 24/04/2009, I received this response. In a nut shell, the EU accepts and permits that the UK and Ireland will make arrangements between themselves for the movement of their country's citizens, even though this results in British and Irish citizens being treated differently from (and more favourably than) other EU nationals who may be resident in either state.

[Plum70]

Sent a complaint to the EC in Nov. 2008 re. poor implementation of the EU Directive in the UK (processing times). Received confirmation that the complaint was pertinent and will be investigated but no word ever since.

[Obie]

It might also be good to bring This Informationto their attention about the UK border agency if they are not already aware.

740 application processed within 6 months, of the nearly 27,000 received, is truly appalling, by any reasonable, or should i say unreasonable standards.

[ciaramc]

Have to say I got a responce from the commission.....nearly a year later but we were issued with my OH residence card....I feel thanks to the commission....I did send them emails every week highlighting the fact that my husband was living in LIMBO, I also sent regular complaints to both SOLVIT and the Ombudsman. We did have to give digital fingerprints though! Have not complained about this but I will.

[Obie]

4. Where a Union citizen, or a family member who is not a
national of a Member State, does not have the necessary travel
documents or, if required, the necessary visas, the Member
State concerned shall, before turning them back, give such
persons every reasonable opportunity to obtain the necessary
documents or have them brought to them within a reasonable
period of time or to corroborate or prove by other means that
they are covered by the right of free movement and residence.

Therefore a union citizen has a right to travel to Ireland with a drivers licence, provided they can corroborate by other mean (Besides National Identity card or passport) that they are covered by the freedom of movement.

The Irish authority will be in breach of directive 2004/38EC if they deport a Union Citizen who couldn't provide these documents.

They are also obliged to provide the necessary documents to them within a reasonable period of time.

Therefore the department of Justice holding a union citizen's passport and causing them unacceptable hindrance, will certainly be a violation of Article 5 paragraph 4.

A union citizen in possession of a driver's licence as well as a Naturalisation Certificate, which corroborate citizenship accompanied by an apostille stamp, will suffice for Article 5(4) requirement, if that union citizen is not in possession of a passport or ID card.

Therefore being a British/Irish or not, does not permit the Irish or British authorities to treat a union citizen without a Passport or ID card in an Inhumane or discriminatory manner.

Thirdly if a Union citizen who produces a Drivers licence to an Immigration Officer, the place of birth stated on the licence is a member state, and that member state confer citizenship to people by virtue of being born there alone, during that individual's period of birth, the Irish will be wrong to return that person back, as there is every indication they are union citizen.

[ca.funke]

I sent a complaint to the Ombudsman, telling him that i have the feeling that my complaints are not taken seriously.

Main point: Yes, I am complaining a lot, but each time about a seperate serious incident, and I would much appreciate if each and every one of them would be tackled and solved, and not just ignored.

Next to this basic point I forwarded all above complaints, stating that I would like the Commission to comment on each of them, lay down their foreseen actions and a timeline for the same.

Just to say it: I am not naive, I do not think this is going to change anything. But at least I want to get a feeling for what they will do about it.

I´ll fill the Forum in should there be any (un)substantial feedback from Strasbourg...

Regards, Christian

[ca.funke]

Just a few days ago I lodged a complaint -again- with the Ombudsman, that my above complaints are not dealt with by the Commission.

This time I´m more determined to actually go all the way through, and remind and re-remind the institutions, until there´s an outcome.

Today I learnt (thanks Directive/2004/38/EC) that the Ombudsman is actually looking into why the Commission didn´t reply yet.

http://www.ombudsman.europa.eu/cases/ca ... l.bookmark

Let´s see what happens next!

[Directive/2004/38/EC]

You are very welcome. And thank you very much for complaining to the European Obudsman!

I hope that everyone who has complained to the European Commission and not had their problem resolved will then also lodge a complaint with the European Obudsman http://www.ombudsman.europa.eu/en/atyou ... home.faces