Dear Sirs,
On 9 January 1998 you lodged a joint complaint with the European Ombudsman concerning your gradings as a fishery inspectors at the European Commission. You claimed that you had been discriminated against in that all the other fishery inspectors who were recruited as well before as after you, had been placed in higher grades.

THE DRAFT RECOMMENDATION

By decision dated 18 January 2000, following an inquiry into the complaint and an attempt to achieve a friendly solution, the Ombudsman addressed the following draft recommendation to the Commission in accordance with Article 3 (6) of the Statute of the Ombudsman(1):

The Commission should take the necessary steps in order to remedy the discrimination in the former employment situation of the complainants.

Full details of the inquiry and the draft recommendation are provided in the decision of 18 January 2000, a copy of which was also forwarded to the complainants.

THE COMMISSION'S DETAILED OPINION

The Ombudsman informed the Commission that, according to Article 3 (6) of the Statute, it should send a detailed opinion before 30 April 2000 and that the detailed opinion could consist of acceptance of the Ombudsman's draft recommendation and a description of how it had been implemented.
On 12 May 2000, the Commission sent to the Ombudsman the following detailed opinion:

(…) In the interest of justice and fairness, and considering the exceptional circumstances in the case and the long experience of the three fishery inspectors concerned, the administration accepts to comply with the Ombudsman's recommendation.

As an exceptional measure, it could therefore be considered to re-examine the files of the three complainants as if competition 25T/XIV/95 which they passed had been announced for B3/B2 grades and to reconsider their grading when entering the service on this basis.(Translated by the Ombudsman's services.)

The Commission's detailed opinion was forwarded to the complainants, who informed the Ombudsman by telephone on 6 June 2000 that they were satisfied with the outcome and further thanked the Ombudsman for his intervention.

THE DECISION

1 On 8 January 2000, the Ombudsman addressed the following draft recommendation to the Commission in accordance with Article 3 (6) of the Statute of the Ombudsman:

The Commission should take the necessary steps in order to remedy the discrimination in the former employment situation of the complainants.

2 On 12 May 2000, the Commission informed the Ombudsman of its acceptance of the Ombudsman's draft recommendation and of the measures which it has taken to implement it. The measures described by the Commission appear to be satisfactory and the Ombudsman therefore closes the case.
A copy of this decision will also be sent to the European Commission.
Yours sincerely,
Jacob SÖDERMAN

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(1) Decision no. 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (OJ L 113 page 15).