| European Commission Secretariat-General | Brussels, 29 .V. 1997 Ms Sarah Burton GB - London N1 2PN |
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I hereby acknowledge receipt of your letter dated 2 April 1997, which has been registered as Complaint No97/4348, SG(97) A/7706 (please quote this number in all future correspondence).
The Commission will consider your complaint in the light of the relevant provisions of Community law and keep you informed of the outcome and of the action it decides to take.
To protect your rights, the Commission will not reveal your identity when dealing with the authorities of the Member State against which your complaint is directed.
You will not be required to contribute to the cost of the procedure, even if the Commission decides to initiate infringement proceedings against the Member State concerned. I would draw your attention to the Annex, in which the Commission sets out the aims and general characteristics of the infringement procedure under Article 169 of the EEC Treaty.
Yours faithfully
For the Secretary-General
Genevieve VILLEDIEU
The Commission has a responsibility to ensure that the Member States comply with Community law. Accordingly, it endeavours to act on infringements of the Treaties and/or secondary legislation, either on its own initiative or in response to complaints from individuals, associations or particular groups.
The action taken on infringements consists of an administrative stage (prior to litigation), followed where necessary by legal proceedings.
* The administrative stage
The Member State concerned is required to comment on the facts and points of law on which the Commission bases its decision to institute the infringement procedure. It is therefore very important for the complaint to be set out in clear and precise terms. The Member State must reply to the letter of formal notice giving it notice to submit its observations within a specified period.
On the basis of that reply, the Commission may decide to deliver a Reasoned Opinion calling on the Member State to comply with Community law within a further specified period (in most cases two months). It may also do so if no reply is received.
It may also decide to refrain from taking further action. A large number of complaints are resolved during this procedure.
The administrative stage is an essential precondition for any referral to the Court of Justice (see below).
* Legal proceedings
Article 169 of the Treaty stipulates that, if the State concerned does not comply with the Opinion, the Commission may bring the matter before the Court of Justice by submitting an application.
Proceedings are terminated by a judgement of the Court establishing that an infringement has or has not occurred.
The Court may not declare void a national provision which does not comply with Community law, nor can it at present order a Member State to pay damages to an individual who suffers from an infringement of Community law.
The judgments of the Court of Justice are declaratory in nature. pay damages to individuals who have suffered from an infringement of Community law by that State.
If the Court finds against a Member State, the latter is required by Article 171 EEC to take the necessary measures to comply with the judgment, especially by resolving the individual conflicts which gave rise to the procedure.
Thus, the Community Procedure is different from that followed in the national courts and may not be a substitute for it.
It is therefore in your interests to make maximum use of the means of redress provided for under the law of your country, particularly if a national measure is considered to be the cause of the action. Responsibility for ensuring that national authorities comply with Community law lies primarily with the national courts, provided the Community provisions concerned are sufficiently clear, precise, complete and unconditional. Where appropriate it is also the national courts which may order a Member State to pay damages to individuals who have suffered from an infringement of Community law by that State.