# Komisja Europejska (skarga CPLT(2026)02766) | CPLT(2026)02766 | 13.08.2026
# Potwierdzenie rejestracji skargi CPLT(2026)02766 (z pouczeniem o trybie, poufności i prawach skarżącego)
# źródło tekstu: warstwa tekstowa oryginału
# dokument: https://glos-migranta.eu/dokumenty/ke-cplt-2026-02766-potwierdzenie-2026-08-13.pdf

                                EUROPEAN COMMISSION


                                Migration and Home Affairs


                                                                    Brussels, 13/08/2026

                                                                     [wnioskodawca]
                                                                     [adres wnioskodawcy]
                                                                     [adres wnioskodawcy]
                                                                     Poland
                                                                     [e-mail wnioskodawcy]



Thank you for your letter of 10/08/2026, which has been registered as a complaint under reference number
CPLT(2026)02766 (please quote this reference in any further correspondence).

The Commission's services will consider your complaint in the light of the applicable European Union
law. You will be informed of the findings and of any steps taken concerning your complaint by DG
Migration and Home Affairs.

You may opt for confidential or non-confidential treatment of your complaint. If you have not done so in
the complaint form, the Commission's services will by default treat your complaint confidentially. If you
choose non-confidential treatment, the Commission departments may disclose both your identity and any
of the information submitted by you to the authorities of the Member State against which you have made
your complaint. The disclosure of your identity by the Commission's services may in some cases be
indispensable to the handling of the complaint.

Please note that, if the Commission decides to act following your complaint, including by launching an
infringement procedure, its general aim is to ensure that Member State laws and practices are compliant
with EU law. The submission of a complaint to the Commission may thus not resolve your specific and
individual situation. In order to obtain redress, including compensation if warranted, you should take
action at national level in the Member State concerned. Submitting a complaint to the Commission does
not suspend the time limits for starting legal action under national law.

You can find further information on infringement procedures for breaches of European Union law in the
annex to this letter


Yours faithfully,




                                                                                     Anita Vella
                                                                                    Head of Unit
                                                                             EC-CPLT-HOME@ec.europa.eu


Enclosures:         Annex 1: Explanation of infringement procedures launched by the European
                    Commission for breaches of European Union law
                    Annex 2: Specific privacy policy statement




Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Explanation of infringement procedures launched by the European Commission for breaches
of European Union law

1.    Principles

Each Member State is responsible for the transposition, application and implementation of
European Union law in its internal legal system. Only national courts can, where appropriate, order
a Member State to compensate individuals for infringements of European Union law attributable
to it. They have the power to issue orders to administrative bodies and annul a national decision.
Therefore, by using the means of redress available at national level (national administrative or
judicial authorities) you should, as a rule, be able to assert your rights more directly and more
personally than infringement procedures brought by the Commission could.

The Commission is entrusted with the task of overseeing the application, implementation and
enforcement of European Union law. Where a Member State fails to comply with European Union
law, the Commission may initiate infringement procedures and if necessary, refer the case to the
Court of Justice. It is up to the Commission to decide whether or not to act, and how to act, in
response to a complaint concerning a breach of European Union law.

A breach of European Union law means the failure, either by action or omission, of a Member
State to fulfil its obligations under the Treaties. Any breach of European Union law by an authority
of a Member State, irrespective of the level of the authority involved (at central, regional or local
level) is attributable to the Member State to which that authority belongs.

Anyone may lodge a complaint with the Commission free of charge against any Member State
about any measure (law, regulation or administrative action) or the absence of such measure or
practice which they consider incompatible with European Union law. You do not have to
demonstrate a formal interest in bringing proceedings nor do you have to prove that you are
principally and directly concerned by the infringement complained of. A complaint about a breach
of European Union law has to relate to an infringement of European Union law by a Member State.
It cannot therefore concern a private dispute.

2       Handling of your complaint by the Commission's services

After examining the facts and in the light of the rules and priorities established by the Commission
for opening and pursuing infringement procedures (1), the Commission services will decide
whether further action should be taken on your complaint.

It may be necessary to gather further information to determine the factual and legal situation of
your case. If necessary, you will be asked to supply further information. Should the Commission
contact the authorities of the Member State against which you have made your complaint, it will
not disclose your identity unless you have given your express permission to do so (see below point
3).

If the Commission considers that there may be an infringement of European Union law which
warrants the opening of an infringement procedure, it addresses a "letter of formal notice" to the
Member State concerned, requesting it to submit its observations by a specified date.

In the light of the reply or absence of a reply from the Member State concerned, the Commission
may decide to address a "reasoned opinion" to the Member State, calling on the Member State to
comply with European Union law within a specified period.




(1) Communication from the Commission - EU law: Better results through better application (C(2016)8600
    final).
                                                     1
The purpose of those formal contacts is to determine whether there is indeed an infringement of
European Union law and, if so, to resolve the case at this stage without having to take it to the
Court of Justice. The Commission may decide whether or not to pursue the infringement
procedures any further.

If the Commission brings the case before the Court of Justice of the European Union, it may take
several years for the Court of Justice to hand down its judgment. Judgments of the Court of Justice
differ from those of national courts. The Court of Justice delivers a judgment stating whether there
has been an infringement of European Union law. The Court of Justice cannot annul a national
provision which is incompatible with European Union law, nor force a national administration to
respond to the request of an individual, nor order the Member State to pay damages to an individual
adversely affected by an infringement of European Union law.

It is up to a Member State against which the Court of Justice has handed down its judgment to take
whatever measures are necessary to comply with it, particularly to resolve the dispute which gave
rise to the proceedings. If the Member State does not comply, the Commission may again bring the
matter before the Court of Justice seeking to have financial sanctions imposed on the Member State
until the latter puts an end to the infringement.

Following the examination of your complaint, the Commission may also decide not to open formal
infringement procedures, even if it considers that a breach of EU law has occurred (2).

3.        Administrative procedures for the handling of your complaint

After receiving your complaint, the Commission will:
     a. register your complaint (by assigning to it an official reference number, which should be
        quoted in any further correspondence) and acknowledge its receipt within 15 working days;
     b. perform a preliminary assessment of your complaint within two months from its
        registration and inform you of its results;
     c. assess your complaint with a view to arriving at a decision to issue a formal notice or to
        close the case within not more than one year. Where that time limit is exceeded, the
        Commission will inform you in writing of the status of the file;
     d. where appropriate, propose to transfer it to the most suitable problem-solving mechanism;
     e. inform you about progress on your complaint;
     f.   not disclose your identity to the authorities of the Member State concerned, unless you
          have explicitly chosen non-confidential treatment of your complaint.
You are referred to the following Commission documents which explain the Commission's general
approach to the management of correspondence and complaints:
 Code of good administrative behaviour for staff of the European Commission in their relations
  with the public, available on the EUR-Lex website (http://eur-lex.europa.eu) under its
  publication reference, Official Journal L 267, 20.10.2000, p. 63.
 Administrative procedures for the handling of relations with the complainant regarding the
  application of European Union law, Annex to the Commission Communication "EU law: Better
  results through better application", accessible on the EUR-Lex website (http://eur-
  lex.europa.eu) under the reference C/2016/8600 and published in the Official Journal OJ C 18,
  19.1.2017, p. 10–20.
 Action 20 of the Communication: 'Long term action plan for better implementation and
  enforcement of single market rules', accessible on the EUR-Lex website (http://eur-
  lex.europa.eu) under the reference COM/2020/94 final.



(2) Communication from the Commission - EU law: Better results through better application (C(2016)8600 final).

                                                        2
 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018
  on the protection of natural persons with regard to the processing of personal data by the Union
  institutions, bodies, offices and agencies and on the free movement of such data, and repealing
  Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, available on the EUR-Lex
  website (http://eur-lex.europa.eu) under its publication reference, Official Journal L 295,
  21.11.2018, p. 39.




                                                3
                                            Specific privacy statement

                         Handling complaints about the application of EU law

The processing of personal data by the European Commission is subject to the provisions of
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on
the protection of natural persons with regard to the processing of personal data by the Union
institutions, bodies, offices and agencies and on the free movement of such data, and repealing
Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (1).

This privacy statement explains the reason for the processing of your personal data, the way the
European Commission collects, handles and ensures protection of all personal data provided, how
that information is used and what rights you have in relation to your personal data. It also specifies
the contact details of the responsible Data Controller with whom you may exercise your rights, the
Data Protection Officer and the European Data Protection Supervisor.

1. The process of handling complaints

Any person or body may file with the European Commission a complaint about the application of
EU law by a Member State. The European Commission will examine the complaint and decide
whether or not further action should be taken. For instance, the European Commission may enter
into an informal dialogue with the authorities of the concerned Member States on issues related to
potential non-compliance with EU law and/or may decide to launch a formal infringement
procedure against the respective Member State.

If your submission does not qualify as a complaint in light of the conditions of a complaint as set
out in the Communication ‘EU law: Better results through better application’ (2), your
correspondence may be handled in line with the Code of good administrative behaviour for staff
of the European Commission in their relations with the public (3).

2. Identity of the data controller

The (corporate) data controller of the processing operation is the unit responsible for
implementation and enforcement of EU law in the Secretariat-General of the European
Commission. Part of the processing of your personal data is carried out by the the unit responsible
for dealing with your complaint in the competent European Commission department or service,
acting as line-DG/service data controller.

3. Purpose of the processing of your personal data

The purpose of collecting and handling complaints, including personal data contained therein, is to
enable the European Commission to learn about potential infringements of European Union law
and thus carry out its task under Article 17 of the Treaty on European Union to ensure that Member
States apply the provisions of the Treaty and the measures taken under it.




(1)   OJ L 295, 21.11.2018, p. 39.
(2)   Accessible on the EUR-Lex website (http://eur-lex.europa.eu) under the reference C/2016/8600 and published in
      the Official Journal OJ C 18, 19.1.2017, p. 10–20.
(3)   For further information, see processing operation ‘Dealing with enquiries and correspondence from citizens based
      on Chapter IV of the Code of Good Administrative Behaviour’, published in the public register of the European
      Commission’s Data Protection Officer under reference number DPR-EC-01386.

                                                          1
The European Commission handles complaints about the application of EU law by Member States
in a consistent way and in line with its Communication ‘EU law: Better results through better
application’ (4), and Action 20 of the Communication ‘Long term action plan for better
implementation and enforcement of single market rules’ (5).

Your personal data will not be used for an automated decision-making including profiling.

4. Grounds for lawful processing of your personal data

Personal data are processed for the performance of a task carried out in the public interest in
accordance with Article 5(1)(a) of Regulation 2018/1725. The corresponding Union law for the
processing of personal data based on Article 5(1)(a) are Articles 4(3) and 17 of the Treaty on
European Union (TEU), and Articles 258, 260 and 291 of the Treaty on the functioning of the
European Union (TFEU).

The processing of non-mandatory personal data of the complainant, as well as any possible
disclosure of the complainant’s personal data to the Member State concerned by the respective
complaint (at the phase of pre-infringement dialogue or formal infringement procedure), is based
on the consent of the complainant in accordance with Article 5(1)(d) of Regulation 2018/1725.
Any transfer of a complaint file for further processing by the SOLVIT resolution mechanism (6) is
also based on the consent of the complainant in accordance with Article 5(1)(d) of Regulation
2018/1725.

5. Personal data collected and processed

To give effect to the complainants’ administrative guarantees and ensure their proper information,
the European Commission requires to be provided with the surname, first name and e-mail address
(for the online complaint form) of the complainant, as well as their agreement or the lack of their
agreement to disclose their identity to the national authorities against which the complaint is
lodged. Furthermore, to allow the European Commission to examine the complaint, the following
additional information must be supplied: the Member State complained about, national authority
complained about and the description of the problem.

The information collected by the European Commission may also include the complainant’s
nationality, address, language of communication, representative (if any) and their details (last
name, first name, address, e-mail address). The full text of the complaint, including any other
documents provided by the complainant, may contain other personal data of a very diverse nature.

No special categories of personal data under Article 10 of Regulation (EU) 2018/1725 are required
for the purpose of handling a complaint. Please do not include any personal data of third parties or
sensitive personal data in your complaint, unless strictly necessary for the handling of your
complaint. By submitting any special categories of personal data in the meaning of Article 10 of
Regulation 2018/1725, you provide your explicit consent to the processing of such personal data.

6. Modes of processing your personal data

Your personal data are processed by authorised staff of the European Commission, and, if
applicable, of Member States (see section 8 below), according to the ‘need to know’ principle.
Your personal data are further processed by dedicated IT applications of the European Commission
for the handling of complaints, pre-infringement dialogues and infringement procedures.


(4) Accessible on the EUR-Lex website (http://eur-lex.europa.eu) under the reference C/2016/8600 and published in
    the Official Journal OJ C 18, 19.1.2017, p. 10–20.
(5) Accessible on the EUR-Lex website (http://eur-lex.europa.eu) under the reference COM/2020/94 final.
(6) SOLVIT is an informal problem-solving network of the European Commission and the member states of the
    European Union and the EEA. For further information, see: https://ec.europa.eu/solvit/index_en.htm

                                                        2
The Commission has been developing a set of corporate AI tools for its staff to use. The AI tools
that may be used occasionally for the handling of complaints are eTranslation (automatic
translation of incoming complaints and of draft replies), eSummary (summary of a long text
submitted by a complainant), eReply (proposal of a draft reply to incoming correspondence) and
Accessible Text (re-writing a draft reply making it more accessible for the recipient). It is possible
that complainants’ data from a complaint under assessment are processed by such AI tools for the
purpose of their machine translation, summarisation, analysis or drafting suggestions (7). Some
Commission services are furthermore testing a search and drafting tool to support the complaints
handling with artificial intelligence (CHAI). The tool may be used to produce draft replies for
incoming complaints and can access the content of closed anonymised complaints (8).

There is no automated decision-making on the part of Commission and no direct interaction
between these AI tools and complainants.

7. Storage and security of your personal data

The personal information collected and all other relevant information are stored on the European
Commission servers in the Data Centre in Luxembourg. The server operates under the
Commission's decisions and provisions on security established by the Security Directorate for this
kind of server and service, namely Commission Decision (EU, Euratom) 2017/46 of 10 January
2017 on the security of communication and information systems in the European Commission.

In order to protect the personal data being processed, the European Commission has put in place a
number of technical and organisational measures. Technical measures include appropriate actions
to address online security, risk of data loss, alteration of data or unauthorised access, taking into
consideration the risk presented by both the processing itself and the nature of the personal data
being processed. Organisational measures include restricting access to the personal data solely to
authorised persons with a legitimate need to know for the purposes of this processing operation.

8. Who has access to your personal data?

Access to the processed personal data is provided to the European Commission staff responsible
for carrying out this processing operation and to authorised staff according to the ‘need to know’
principle. Such staff abide by statutory, and when required, additional confidentiality agreements.

Within the European Commission, access to the personal information collected is granted only
through a user ID and password to a defined population of users in the Secretariat-General and
other European Commission departments dealing with complaints and infringements. If the
European Commission enters into an exchange with the concerned Member State and you have not
consented to disclose your identity, the personal data collected will not be available to the Member
State authorities concerned. If you have given your consent to the disclosure of your identity, access
by the Member States to the personal information collected will be limited to a defined population
of users in the national administrations, and only through a user ID and password.




(7) For further information on eSummary and eTranslation, see processing operation ‘eTranslation’, published in the
    public register of the Commission’s Data Protection Officer under reference number DPR-EC-0600.7. For further
    information on eReply and Accessible Text, see processing operation ‘AI-based multilingual services’, published
    in the public register of the Commission’s Data Protection Officer under reference number DPR-EC-24288.
(8) For further information on CHAI, see processing operation ‘Search and drafting tool to support the complaints
    handling with AI (CHAI)’, published in the public register of the Commission’s Data Protection Officer under
    reference number DPR-EC-23250.

                                                        3
The Member States are data controllers for their processing of your personal data and are bound
by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of natural persons with regard to the processing of personal data
and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation) (9).

The personal data collected are not accessible to the public. Some infringement-related information
is published on the Europa webpage, but this information does not contain any personal data. The
European Commission sometimes receives a large number of complaints on the same subject
against the same Member State (so-called ‘multiple complaints’). In such cases, the European
Commission may decide to communicate with the complainants through publications on the
Europa webpage. This communication does not contain any personal data.

The personal data we collect will not be given to any third party (apart from the Member State in
case you consented to the disclosure of your identity), except:

 to the extent and for the purpose we may be required to do so by law; and
 for the purpose of dispatching letters of the European Commission by registered mail via a
  postal service provider (see corresponding notification ‘DPR-EC-00884 Traitement du courrier’
  of the European Commission’s Office for Infrastructure and Logistics in Brussels).

9. How long are your personal data kept?

The European Commission only keeps your personal data for the time necessary to fulfil the
purpose of collection or further processing. Personal data/information allowing a complainant to
be identified will be erased 10 years after the closure of the file, if no infringement procedure was
initiated based on, or supported by, your complaint. When the complaint led to an informal dialogue
between the Commission and the concerned Member State (‘pre-infringement dialogue’), which is
not followed by an infringement procedure, personal data/information allowing a complainant to
be identified will be erased by the European Commission 10 years after the closure of the informal
dialogue.

Should the Commission launch an infringement procedure on the basis of a complaint, or pursue
an infringement procedure supported by a complaint, personal data and documents submitted by
the complainant will be kept without any time limit, for administrative, procedural and historical
purposes.

10. What are your rights and how can you exercise them?

You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU)
2018/1725, in particular the right to access your personal data and to rectify them in case your
personal data are inaccurate or incomplete. Under certain conditions, you have the right to erase
your personal data, to restrict the processing of your personal data, and the right to data portability.
You have the right to object to the processing of your personal data, which is lawfully carried out
pursuant to Article 5(1)(a), on grounds relating to your particular situation.

If you have consented to the processing of certain parts of your personal data, you can withdraw
your consent at any time by notifying the Data Controller. The withdrawal will not affect the
lawfulness of the processing carried out before you have withdrawn the consent.




(9) OJ L 119, 4.5.2016, p. 1.

                                                   4
You have no direct access to the personal data stored. Anyone who wishes to exercise his/her rights
as a data subject should write an email to SG-UNITE-C-3@ec.europa.eu giving full details of
his/her request or, in case of conflict, to the European Commission’s Data Protection Officer. If
necessary, you can also address the European Data Protection Supervisor. Their contact
information is given below.

Where you wish to exercise your rights in the context of one or several specific processing
operations, please provide their description (i.e. the record reference as specified under section 13
‘Where to find more detailed information’ below) in your request.

Your request as a data subject will be handled within one month. The period may be extended by
two further months where necessary, taking into account the complexity and number of the
requests.

11. Contact information

If you have any question or concern concerning the processing of your personal data or a request
thereon, please contact the (corporate) data controller, either by email to SG-UNITE-C-
3@ec.europa.eu or by letter to the Secretariat-General (unit responsible for implementation and
enforcement of EU law), European Commission, B 1049 Brussels.

You can also contact the European Commission’s Data Protection Officer, e-mail address: data-
protection-officer@ec.europa.eu, with regard to issues related to the processing of your personal
data under Regulation (EU) 2018/1725.

12. Remedies with regard to the processing of your personal data

Complaints related to the processing of personal data by the European Commission can also be
addressed to the European Data Protection Supervisor at the following address: Rue Wiertz 60
(MO 63), 1047 Brussels, Belgium, e-mail address: edps@edps.europa.eu. The European Data
Protection Supervisor is responsible for monitoring and ensuring the application of the provisions
of Regulation (EU) 2018/1725 (10) and any other EU act relating to the protection of the
fundamental rights and freedoms of natural persons with regard to the processing of personal data
by an EU institution or body.

13. Where to find more detailed information?

The European Commission’s Data Protection Officer publishes the register of all operations
processing personal data. You can access the register on the following link :
http://ec.europa.eu/dpo-register.

This specific processing operation has been included in the Data Protection Officer’s public register
with the following Record reference: DPR-EC-00082.




(10) Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by
     the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation
     (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.

                                                           5
