Violation of EU Law (EC2201/2003 Brussels IIa) through UK - Letter of Formal Notice

The authority would like to / has responded by postal mail to this request.

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:

In the petition hearing on 19th March 2014 the EU commission has been requested from the MEP Members of the Petition Committee of the European Parliament to contact England/United Kingdom about a possible violation of Brussels IIa (EC2201/2003) because of the non enforcement of child contact orders.

Hearing on 19th March 2014:
https://archive.org/details/20140319Peti...
Minute: 21:05 - 22:40

In the second petition hearing on 11th Nov 2014
https://archive.org/details/20141111Brus...
it came out very clear that international Court Orders should be executed without any delay (exequator - free movement of judgements). Therefore it was even more clear that nearly for sure the United Kingdom has violated European Union law.

When the commission representative was asked what happened in the concrete case since the last petition hearing it came out that the EU commission has NOT contacted the member state UK.
13:50 - 15:20 (Question was translated wrong)
Again it was requested that the EU member state United Kingdom will be asked.
22:20 - 23:01

So the question: Has the European Commission requested a statement from the UK on the violation of EC2201/2003 ?

As Freedom of Information requests only allow to ask for documents the request is:

Is there a document from the European commission that was sent to the UK authorities ?
Means is there a document that is the so called: "Letter of Formal Notice" ? Or a document that will lead to this formal notice.

Seeing the denial, because the EU commission is dealing with this case since March 2010 without any results, I request to get this document to be able to review this document in detail and to make sure it was done properly so that it can lead to successful infringement proceedings.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

Dear Sir,

 

Thank you for your e-mail dated 30/01/2015.  We hereby acknowledge receipt
of your application for access to documents, which was registered on
30/01/2015 under reference number GestDem 2015/0639.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
20/02/2015. In case this time limit needs to be extended, you will be
informed in due course.

 

Yours faithfully,

JUST Access Documents team

 

Klaus Zinser dejó un comentario ()

In general there is a report on the application of EU law:

REPORT FROM THE COMMISSION
31st ANNUAL REPORT ON MONITORING THE APPLICATION OF EU LAW (2013)

http://www.europarl.europa.eu/registre/d...

As this report is made from the EU Commission there is the serious question, what happened to requests like this one ?

In the current FOI case, which nearly for sure is ignored, such a letter was requested twice on public hearings at the PETI Committee on 19th March 2014 and on 11th Nov 2014 from MEPs.

See: 30th and 31st annual reports on monitoring the application of EU Law (2012-2013)
Reference : 2014/2253(INI) Own-initiative report procedure
PETI Rosa ESTARÀS FERRAGUT [PPE]
Asked for an opinion
http://www.europarl.europa.eu/oeil/popup...

Dear Justice and Consumers,

I kindly remind you that the answer is delayed.

If there is no letter I have to conclude that the EU Commission has done nothing after Mrs Joanna Serdynska from the EU commission has been been requested twice in Public Hearings at the Petition committee on 19th March 2015 and in a second Public Hearing at the Petition Commitee on 11th Nov 2014.
Video of last hearing: https://archive.org/details/20141111Brus...

Yours faithfully,

Klaus Zinser

Dear Justice and Consumers,

seeing your letter:

------

'EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE and CONSUMERS

Acting Director-General

18 FEV, 2015
DG JUSTICEA1/JS/IsIAres(2015)603335

Klaus Zinser
XXX
XXX

Dear Sir,

Subject: Your application for access to documents - Ref GestDem No 2015/0639

We refer to your e-mail 30/01/2015 in which you make a request for access to documents, registered on 30/01/2015 under the above mentioned reference number.

Your application concerns a possible letter of formal notice or any other document sent by the Commission to the UK authorities with respect to the alleged violation of Council Regulation 2201/2003 in the custody proceedings concerning your child.

As specified in Article 2(3) of Regulation 1049/2001 , the right of access as defined in that regulation applies only to existing documents in the possession of the institution. Given that no such document has been identified, the Commission is not in a position to handle your request.

In accordance with Article 7(2) of Regulation 1049/2001 , you are entitled to make a confirmatory application requesting the Commission to review this position. Such a confirmatory application should be addressed within 15 working days upon receipt o f this letter to the Secretary-General of the Commission at the following address:

European Commission
Secretary-General
Transparency unit SG-B-4 BERL 5/327
B-1049 Bruxelles
or by email to: [email address]

Yours faithfully,

Commission europeenne. B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium Office: M059 02/84 Telephone: +3222986735, switchboard 299.11.11'

----
It seems even after a request from the PETI Committee in March 2014 and and a second request in Nov 2014 the European again has not done send the letter requested to the Member State United Kingdom England in violation of EU law.

Please confirm that the European Commission has ignored the 2nd MEP request.

To be sure on this please clarify. To be on the safe side I will request an internal review.

Yours faithfully,
Klaus Zinser

Justicia y Consumidores

1 Adjuntos

Dear Sir,

 

Thank you for your email dated 26/02/2015.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents, which was registered on 26/02/2015 under reference number
GestDem 2015/639 – Ares(2015)838740.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days.

 

The time limit will expire on 19/03/2015. In case this time limit needs to
be extended, you will be informed in due course.

 

Yours faithfully,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/332

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Justicia y Consumidores

2 Adjuntos

Dear Mr Zinser,

 

Please find attached the answer concerning your submission of a
confirmatory application pursuant to Regulation (EC) N° 1049/2001
regarding public access to European Parliament, Council and Commission
documents, ref: GESTDEM 2015/639.

 

NB: The original note will be sent to you by registered post.

 

Best regards,

 

ACCESS TO DOCUMENTS TEAM

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European Commission
Secretariat General
Unit SG.B4 – Transparency

 

 

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