

The case concerned the time taken by the European Commission to conclude its assessment of an infringement complaint against Spain made in 2018. The infringement complaint concerned the legislative changes introduced in 2014 in the Spanish Ports Act and the subsequent extension, by the port authority of the Balearic Islands, of the duration of concessions to carry out recreational water sport activities on the port public domain. In his infringement complaint, the complainant argued, in essence, that the said legislatives changes and the extension, by the port authority of the Balearic Islands, of the duration of the concessions breached Articles 49, 56 and 106 TFEU.
The Ombudsman found that the Commission failed to demonstrate that it had been diligent and active on the case, and that it failed to provide convincing reasons to explain why it had not been able to finalise its assessment after more than seven years. The Ombudsman considered that this constituted maladministratPanel discussion on transparency.
The Defensor del Pueblo is the High Commissioner of Parliament responsible for defending citizens’ fundamental rights and civil liberties by monitoring the activity of the Administration and public authorities. Any citizen may request the intervention of the Defensor del Pueblo, which is free of charge, to investigate any alleged misconduct by public authorities and/or the agents thereof. The office of the Defensor del Pueblo can also intervene ex officio in cases that come to their attention without any complaint having been filed.
The European Ombudsman is an independent and impartial body that holds the EU’s institutions and agencies to account, and promotes good administration. The Ombudsman helps people, businesses, and organisations facing problems with the EU’s administration by investigating complaints about maladministration by EU institutions and bodies, as well as by proactively looking into broader systemic issues.