8. Provisions relating to submission of complaint

(1) An affected person may, in accordance with paragraph (2), submit a complaint on a question in dispute to the Commissioners requesting its resolution.

(2) A complaint shall -

(a) be submitted to the Commissioners -

(i) in writing and in such form and manner as the Commissioners may specify,

(ii) in an official language of the State, and

(iii) not later than 3 years from the date of receipt of the first notification of the action resulting in, or that will result in, the question in dispute, regardless of whether the affected person has recourse to any other remedies that may be available under the law of the State or of any relevant Member State,

(b) be accompanied by the information specified in the Schedule,

(c) identify the competent authority of each relevant Member State, and

(d) subject to Regulation 21, include a statement by the affected person confirming that the complaint and the information referred to in subparagraph (b) are, at the same time, being submitted to the competent authority of each relevant Member State.

(3) The Commissioners shall, not later than 2 months from the date of receipt of the complaint -

(a) acknowledge receipt of the complaint by notice in writing to the affected person, and

(b) inform the competent authority of each relevant Member State of -

(i) the receipt by the Commissioners of the complaint, and

(ii) the language intended to be used by the Commissioners for their communications during the proceedings concerned.

(4) (a) The Commissioners may, not later than 3 months from the date of receipt of the complaint, by notice in writing to the affected person, request the affected person to provide such additional information, specified in the notice, as the Commissioners consider necessary to carry out the substantive consideration of the case.

(b) Where the Commissioners request information under subparagraph (a), the affected person shall, not later than 3 months from the date of receipt of the notice -

(i) provide the additional information to the Commissioners, and

(ii) at the same time, provide a copy of that information to the competent authority of each relevant Member State.

(5) (a) The Commissioners shall make a decision to accept or, subject to subparagraph (c), reject the complaint, as the case may be -

(i) not later than 6 months from the date of receipt by them of the complaint,

(ii) where paragraph (4) applies, not later than 6 months from the date of receipt by them of the information provided to them under that paragraph, or

(iii) where the question in dispute is the subject of proceedings by the affected person in the State or in any relevant Member State, with respect to any remedy that may be available under the law of the State or that relevant Member State, as the case may be, other than under the Directive, not later than 6 months from the date on which a final judgment, order or decree of a court is delivered in those proceedings or those proceedings are suspended, discontinued or otherwise disposed of,

whichever is the latest.

(b) The Commissioners shall give notice in writing to the affected person and the competent authority of each relevant Member State, without delay, of their decision whether to accept or, subject to subparagraph (c), reject the complaint.

(c) The Commissioners may decide to reject a complaint where -

(i) the affected person has failed to provide all or any of the information referred to in paragraph (2)(b),

(ii) where paragraph (4) applies, the affected person has failed to provide all or any of the additional information requested within the period specified in that paragraph,

(iii) in their opinion, there is no question in dispute, or

(iv) the complaint is not submitted within the period specified in paragraph (2)(a)(iii).

(d) Where the Commissioners decide to reject a complaint, the notice under subparagraph (b) shall set out the general reasons for that decision.

(6) (a) The Commissioners may, not later than the date specified in clause (i), (ii) or (iii), as the case may be, of paragraph (5)(a), decide to resolve a question in dispute on a unilateral basis without involving the competent authority of each relevant Member State.

(b) Where subparagraph (a) applies -

(i) the Commissioners shall, without delay, give notice in writing to the affected person and the competent authority of each relevant Member State of the decision, and

(ii) the proceedings under the Directive shall be terminated.

(7) (a) An affected person may withdraw a complaint by giving notice in writing to the Commissioners and, at the same time, to the competent authority of each relevant Member State.

(b) All proceedings under the Directive shall be terminated with immediate effect from the date of receipt of the notice under subparagraph (a).

(c) Where a notice under subparagraph (a) is received by the Commissioners they shall, without delay, inform the competent authority of each relevant Member State of the termination of proceedings.

(8) (a) If for any reason a question in dispute ceases to exist, the Commissioners shall terminate all proceedings under these Regulations with immediate effect.

(b) Where subparagraph (a) applies, the Commissioners shall, without delay, give notice in writing to the affected person accordingly and the notice shall set out the general reasons why the question in dispute ceases to exist.

(9) Where the Commissioners fail to make a decision on a complaint before the date on which the period specified in clause (i), (ii) or (iii), as the case may be, of paragraph (5)(a) ends (in this paragraph referred to as “the specified date”) -

(a) the complaint shall be deemed to be accepted by the Commissioners on the specified date, and

(b) the Commissioners shall, for the purposes of Regulation 9(1)(a), be deemed to have given notice to the affected person of a decision to accept the complaint on the specified date.