Inquiry into the commission's readiness to use mediation in conflicts with contractors

Razpoložljive jezikovne različice :  bg.es.cs.da.de.et.el.en.fr.ga.it.lv.lt.hu.mt.nl.pl.pt.ro.sk.sl.fi.sv
  • Primer :  OI/1/2006/TN
    Preiskava uvedena dne 13.1.2006 - Odločba z dne 12.12.2006, 12.12.2006
  • Zadevna institucija (Zadevne institucije) :  Komisija Evropskih skupnosti
  • Pravno področje (Pravna področja) :  Pravica do ustanavljanja in svoboda opravljanja storitev
  • Vrste domnevnih nepravilnosti – (i) kršitev ali (ii) kršitev dolžnosti, ki se nanašajo na :  Zakonitost (nepravilna uporaba materialnih in/ali postopkovnih določb) [člen 4 EKDRJU],Pravica do zaslišanja in dajanja izjav [člen 16 EKDRJU]

Summary of decision following own-initiative inquiry OI/1/2006/TN

Every year, the European Ombudsman receives a significant number of complaints against the Commission concerning contractual disputes. The complaints come from individuals, small and medium-sized enterprises and other organisations, and involve both contractors and sub-contractors. The Ombudsman started an own-initiative inquiry in which he asked the Commission to investigate the possibility of increased use of mediation to deal with disputes arising under the contracts it funds. This followed the Commission's endorsement of mediation as an often quicker, simpler and more cost-effective way of solving disputes.

During the inquiry, the Commission made a commitment to encourage alternative methods of dispute resolution in the future. This could be done through the insertion of an optional mediation clause in its standard procurement contracts, it said. However, it warned that the use of mediation or other methods of dispute resolution might involve costs. It also stated that the Commission cannot impose mediation for disputes between its contractors and their sub-contractors.

In his decision closing the inquiry, the Ombudsman welcomed the introduction of an optional mediation clause in Commission contracts. He stressed that mediation is normally a more cost-effective way of solving a dispute than bringing the matter directly before a court. The Ombudsman asked the Commission to inform him about its follow-up to the use of the mediation clause and about its efforts to extend the use of mediation to include disputes about grants from the Commission. Furthermore, the Ombudsman underlined the importance of also recommending the use of mediation in conflicts between contractors and sub-contractors.

The Commission should inform the Ombudsman about its follow-up on the matter by 30 June 2007.