European Ombudsman / Decision 410/2025/EIS

Complaint against European Commission
Deciding body type
Non-judicial body
Deciding body
European Ombudsman
Type
Decision
Decision date
12/12/2025
  • European Ombudsman / Decision 410/2025/EIS

    Key facts of the complaint:

    The case concerned the time taken by the European Commission to conclude an infringement procedure, which it has opened in 2016 against Spain about its compliance with EU environmental noise rules. The complainant, a group of interested citizens concerned by airport noise in Spain, complained that the time taken by the Commission to investigate the matter was not reasonable.

    Key legal question raised by the deciding body:

    The time taken by the European Commission to conclude an infringement procedure about Spain's compliance with EU environmental noise rules.

    Outcome of the complaint:

    The Ombudsman found that there was a period of three years showing no trace of any action taken by the Commission, which constituted maladministration.

    The Commission subsequently resumed action on the case, which means that it would serve no useful purpose to make a recommendation. Given the major public health implications of the issues at stake, the Ombudsman expects the Commission to deal with the infringement procedure as a matter of priority.

  • Paragraphs referring to EU Charter

    15. In this case, the infringement procedure has been open for more than nine years now. Such a long time to deal with an infringement procedure appears long by any objective view. This is even more so given that the issue of environmental noise may have a seriously adverse impact on the environment and on public health. The Ombudsman recalls that a high level of environmental protection is provided for in the Charter of Fundamental Rights of the EU,[13] while the European Court of Human Rights has recognised the seriousness of environmental noise by concluding that it may even affect a person’s right to respect for his private life.[14] The issue at stake thus has a strong public interest.

  • Paragraphs referring to EU Charter (original language)