All entries to: Complaint form - Alleged breach of Union law by a member state

La solicitud fue rechazada por Justicia y Consumidores.

Dear Justice and Consumers,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

(1) The database decision and specification documents used for the Web Entry: http://ec.europa.eu/atwork/applying-eu-l...

(2) all entries with details who were entered in the complaint form http://ec.europa.eu/atwork/applying-eu-l...
(to keep the privacy of individuals without Name, Adress, on behalf Name) but with Nationality of all the peoples names, all the Organisation names,

This includes all:
Correspondence from the Commission can be sent either to the complainant or to the complainant's representative.

Especially all information in the fields:
II. DESCRIPTION OF THE SUSPECTED INFRINGEMENT OF UNION LAW

Description of the facts and the reasons for your complaint (mandatory)

Does your complaint relate to the EU Charter of Fundamental Rights, which applies only to the implementation of Union law (Article 51)?

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:

III. APPEALS/LEGAL ACTIONS/ OTHER ACTIONS
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)

If you answered yes to point 9, what action have you already taken in the country concerned to tackle the problem? (mandatory)

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

Please indicate whether you have already contacted other EU institutions and bodies to request help in solving your problem:

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?

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)

IV. CONFIDENTIALITY – DATA PROTECTION
(again no names of the individuals are requested)

Including date of entry.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

Dear Sir,
 
Thank you for your email dated 7 April 2015, registered today under the
reference GestDem 2015/2075.
We hereby acknowledge receipt of your request for access to documents.
 
In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days. The time limit will
expire on 30 April 2015. In case this time limit needs to be extended, you
will be informed in due course.
 
Yours faithfully,
 
ACCESS TO DOCUMENTS TEAM (PS)
European Commission
Secretariat General
Unit SG.B4 – Transparency
 
 
 

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Justicia y Consumidores

Dear Sir,
Thank you for your e-mail dated 07/04/2015 applying for a copy of
documents in accordance with Regulation (EC) N° 1049/2001 regarding public
access to European Parliament, Council and Commission documents.
Your application will be dealt with as quickly as possible. However, as
your request implied a specific analyse, a consultation of several
departments was necessary. Due to unexpected delays in analyzing the
documents in question, we have to extend the prescribed period by another
of 15 working days before you receive a reply. We apologize for this
delay.
Yours sincerely, 
                Joël De Bry (Secretariat-General).
                BRU-BERL 05/393
 
 
 
 

Dear Justice and Consumers,

kindly give me a date when you will deliver the requested documents.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

Dear Sir Zinser,

Please accept my apologies for this late reply. In response to your query, I understand that the answer to your request for access should be reached as soon as possible and in principle before the end of this week.

Yours sincerely,

Joël De Bry (Secretariat-General).
BRU-BERL 05/393

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Dear Justice and Consumers,

may I kindly remind that the initial request is from 7th April 2015 and should have been done within 15 working days. Now 10 calendar weeks have passed.

Kindly answer my questions.

Yours faithfully,

Klaus Zinser

Dear Justice and Consumers,

there is still no answer. On 26th May it was said:

'..should be reached as soon as possible and in principle before the end of this week.'

As this did not happen a few weeks ago i set an additional reminder but there was no reply.

Therefore I kindly request that this is answered immediately. Further i make an extended request on this and ask additionally to inform me, what departments have been involved and when.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

1 Adjuntos

Dear Sir Zinzer,

Please find attached a copy of the letter dated 28 May which was sent to you on 29 May 2005 with acknowledgement of receipt.

Yours sincerely,

Joël De Bry (Secretariat-General).
BRU-BERL 05/393

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Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'All entries to: Complaint form - Alleged breach of Union law by a member state'.

I don't agree. Unfortunately I have expericenced and personnally suffered from he commissions inactivity and denial in Violation ofEU law. They dont even consult the EU legal service deparment when they make such decisions. The commission was regularly informed since March 2010 that the United Kingdom is violating European Union law (EC2201/2003).

DG Justice has never started any infringement proceedings against member states because of the Violation of EC2201/2003.
Therefore I need to look at all the complaints also from other countries.

CV's from the membera of DG Justice are regularly rejected. Since the DG Francoise le Bail has left her position it seems there is no real control over DG Justice.

Michael Shotter - a british lawyer - has excluded me from being what happens on the review of Brussels IIa. All is completely inransparent.

Still i don't know who decides abut not starting infringement proceedings in DG Justice.

Therefore I want access to all of this data.

If there would be confidential information, there could be a rule that all data is published after a defined time e.g. 5 years. Its not done.

This commission should serve the European Citizens and not the legal industry making money out of abduction cases and giving no guidance in enforcement cases when the laws, made by the Commission, are failing.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/all_e...

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

Dear Mr Zinser
To be able to deal with your confirmatory request we need to have the GESTDEM reference of your request.
Best regards
JUST ACCESS DOCUMENTS TEAM

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Dear Justice and Consumers,

thats the link: http://www.asktheeu.org/en/request/all_e...

and I suppose thats the GestDem: GestDem 2015 2075.pdf

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

2 Adjuntos

Dear Mr Zinser,

 

I refer to your email of  29 July 2015 by which you submit a confirmatory
application to your request "Subject-All entries to: Complaint
form-alleged Breach of Union law by a Member State" introduced on 7 April
2015, registered on 9 April 2014 . Directorate C of the
Secretariat-General provided you with a reply dated 28 May 2015 and sent
by post with acknowledgment of receipt. According to the enclosed receipt,
you confirmed by signature  that you received this letter on 9 June 2015.

 

In addition, the services dealing with this request informed you by email,
as a courtesy  in response to your email sent on 24 th July 2015,  that a
copy of the letter dated 28 May 2015 was sent to you on 29 May 2015 with
acknowledgement of receipt.

 

By  the letter of 28 May 2015 , you have been informed of the possibility
to ask for a review of Directorate C' position within 15 working days.
Article 7, paragraph 2 of Regulation 1049/2001 provides that (i)n the
event of a total or partial refusal, the applicant  may, within 15 working
days of receiving the institution's reply, make a confirmatory application
asking the institution to reconsider its position. Following receipt of
the letter on 9 June 2015, the deadline of 15 working days for introducing
a review (confirmatory application) of the Commission's reply has expired
at the beginning of July 2015.

 

Consequently, your confirmatory application lodged on 29 July 2015 has
been submitted outside the legal deadline set out by the Regulation
1049/2001. Therefore, your review application on Gestdem 2015/2075 will
not been handled as it is inadmissible.

 

Yours sincerely,

 

Bernadett BERCZELI

Access to Documents
[1]ec logo
European Commission
Secretariat General
Unit SG.B4 – Transparency

 

 

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