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Explanatory note to Complaint Form

Each Contracting Party to the EEA Agreement is responsible for the implementation
(adoption of implementing measures before a specified deadline) and correct
application of EEA law within its own legal system. Under the EEA Agreement, the
EFTA Surveillance Authority is responsible for ensuring that EEA law is correctly
applied by the EEA EFTA States. Consequently, where an EEA EFTA State fails to
comply with EEA law, the Authority has powers to try to bring the infringement to
an end and, where necessary, may refer the case to the EFTA Court. The Authority
takes whatever action it deems appropriate in response to either a complaint or
indications of infringements which it detects itself.

Non-compliance means failure by an EEA EFTA State to fulfil its obligations under
EEA law. It may consist either of an action or omission. The term ‘State’ is taken to
mean the Member State which infringes EEA law, irrespective of the authority -
central, regional or local - to which the non-compliance is attributable.

Anyone may lodge a complaint with the Authority against an EEA EFTA State for
any measure (law, regulation or administrative action) or practice attributable to an
EEA EFTA State, which they consider incompatible with a provision or a principle
of EEA law. Complainants do not have to demonstrate a formal interest in bringing
proceedings. Neither do they have to prove that they are principally and directly
concerned by the infringement complained of. To be admissible, a complaint has to
relate to an infringement of EEA law by an EEA EFTA State. Complaints relating to
infringements by EU Member States of their EEA law obligations should be lodged
with the European Commission. It should be borne in mind that the EFTA
Surveillance Authority may decide whether or not further action should be taken on
a complaint in light of the rules and priorities laid down by the Authority for opening
and pursuing infringement procedures.

Anyone who considers a measure (law, regulation or administrative action) to be
incompatible with EEA law is advised, before or at the same time as lodging a
complaint with the EFTA Surveillance Authority, to seek redress from the national
administrative or judicial authorities (including the national or regional ombudsman
and/or arbitration or conciliation procedures available). By using the means of
redress available at national level, complainants may be able to assert their rights
more directly and more personally (e.g. a court order to an administrative body,
repeal of a national decision and/or damages) than they would following an
infringement procedure successfully brought by the EFTA Surveillance Authority,
which may take some time. Indeed, before referring a case to the EFTA Court, the
Authority is obliged to hold a series of contacts with the EFTA State concerned to
try to terminate the infringement.

Furthermore, any finding of an infringement by the EFTA Court has no impact on
the rights of the complainant since it does not serve to resolve individual cases. It
merely obliges the EEA EFTA State to comply with EEA law. More specifically, any
individual claims for damages have to be brought by complainants before the
national courts.



             Avenue des Arts 19H, 1000 Brussels, tel: +32 2 286 18 11, www.eftasurv.int
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The following administrative guarantees exist for the benefit of complainants:

   a) Following registration by the Authority, a complaint will be assigned a case
      number (as set out in a letter of acknowledgement to the complainant). This
      case number should be quoted in any subsequent correspondence with the
      Authority. Assignment of a case number to a complaint does not necessarily
      mean that an infringement procedure will be opened against the EEA EFTA
      State in question.

   b) When the Authority contacts the EEA EFTA State against which the
      complaint has been made, it will abide by the choice made by the
      complainant regarding confidentiality, including disclosure of the
      complainant’s identity. However, it should be borne in mind that the
      disclosure of the complainant’s identity by the Authority may in some cases
      be indispensable to the handling of the complaint or may be unavoidable due
      to the factual circumstances of the complaint. Should the Authority decide it
      is necessary to disclose the complainant’s identity, the Authority will contact
      the complainant in advance.

   c) The Authority will endeavour to take a decision on the substance of a
      complaint (either to open an infringement procedure or to close the case)
      within one year of registration of the complaint.

   d) Where the Authority plans to close a case with the finding that there is no
      infringement, the complainant will be informed in advance by the relevant
      Directorate of the Authority. The complainant will be given the opportunity to
      comment on the intention to close the case. The Authority will keep the
      complainant informed of the course of any infringement procedure.

   e) Upon closure of a complaint case, the Authority normally deletes all personal
      data processed in the context of the case. Should there be a need to process
      personal data after the complaint case has been closed, mainly due to
      another linked case the Authority is pursuing on the same subject, the
      Authority will inform the complainant of this so that they are able to object to
      the further processing of their personal data.