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Decision on the European Commission's refusal to give public access to documents concerning an audit of pelagic and tuna fisheries in Ireland (case 757/2022/MIG)

Pátek | 16 září 2022

The case concerned the refusal of the European Commission to grant the complainant public access to documents concerning a Commission audit and an administrative inquiry by the Irish authorities, which prompted the Commission to revoke the Irish control plan for the weighing of fishery products. The Commission argued that the follow-up to the audit was still ongoing and that disclosing the documents would undermine the protection of the purpose of inspections, investigations and audits.

The Ombudsman verified that the Irish authorities have not yet implemented the recommendations made by the Commission and, thus, have not yet resolved the shortcomings it identified. This means that the follow-up to the audit is still ongoing. Given that the Commission might open infringement proceedings against Ireland if these shortcomings are not sufficiently addressed, the Ombudsman considered it reasonable for the Commission to rely on a general presumption of non-disclosure. The Ombudsman also found that the complainant’s arguments were not such as to establish that there is an overriding public interest in disclosure.

In view of this, the Ombudsman concluded that the Commission’s refusal to give public access to the documents at issue was justified and closed her inquiry finding no maladministration.

Decision on the time taken by the European Parliament to deal with a request to recognise that a staff member’s medical condition is an ‘occupational disease’ (case 286/2022/VS)

Úterý | 19 července 2022

The case concerned the time taken by the European Parliament to deal with a staff member’s request to recognise her condition as an ‘occupational disease’.

The Ombudsman wrote to the Parliament reminding it that principles of good administration require EU institutions to take decisions within a reasonable time frame and that this is particularly important when the decision is related to the health of the person concerned.

Following updates from the Parliament and the complainant showing that the Parliament had taken a decision on the request in June 2022, the Ombudsman closed the inquiry with the conclusion that the matter has been settled.

 

Decision on the time taken by the European Commission to handle an appeal concerning the decision to apply a ‘medical reserve’ on a newly recruited staff member (case 1609/2021/VS)

Pátek | 15 července 2022

The case concerned the time taken by the European Commission to deal with an appeal concerning its decision to apply a ‘medical reserve’ on a newly recruited staff member.

The Ombudsman wrote to the Commission reminding it that principles of good administration require EU institutions to take decisions within a reasonable time frame and that this is particularly important when the decision is related to the health of the person concerned and to social security cover.

Following updates from the Commission and the complainant showing that the Commission took a final decision on the appeal in March 2022, the Ombudsman closed the inquiry with the conclusion that the substantive matter has been settled. The Ombudsman expects the Commission in future to handle similar procedures in a timely manner.