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Proposal of the European Ombudsman for a solution in case 612/2016/JF on the refusal by a EU Delegation to analyse additional evidence in support of costs incurred in a project financed by the 9th European Development Fund

Pátek | 27 dubna 2018

The case concerns a EU Delegation’s refusal to assess alternative evidence of costs incurred during work financed by the 9th European Development Fund in a third country.

The complainant, a UK company assisting the government of the third country in public works, submitted evidence of its costs to the government and received the funds to cover those costs from the local EU Delegation. When, following an audit, the Delegation refused to release the final payment for lack of appropriate evidence, the complainant asked whether it could submit alternative evidence. Dissatisfied with the Delegation’s replies, the complainant sought redress with the European Ombudsman.

The Ombudsman finds that the Delegation gave the impression that it would review and assess information and documents of which it might not have been made aware previously. She also finds that assessing the new evidence proposed by the complainant would be compatible with the audit rules and the obligation to prevent and minimise irregularities and fraud. The Ombudsman therefore proposes as a solution to the complaint that the Commission arranges for the Delegation to provide a safe channel for the complainant to submit the evidence and for the Delegation then to review it accordingly.

Proposal of the European Ombudsman for a solution in case 1272/2017/ANA on the Council of the European Union’s refusal to give public access to the opinion of its Legal Service concerning an interinstitutional agreement on a Transparency Register

Pátek | 04 srpna 2017

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1]

The case is about an access to documents request made by an MEP, to the Council of the European Union. The requested document is the opinion of the Council Legal Service on the possible participation of the Council in the interinstitutional agreement on the transparency register.

The Ombudsman is not convinced by the Council’s reasons for refusing full access to the document. The Council should review its decision. The Ombudsman considers that the Council should reconsider its position in light of the changed factual and legal situation as it now stands and proposes that the Council  grant full access to the requested document to resolve the complaint.

 

[1] Decision of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (94/262/ECSC, EC, Euratom), OJ 1994 L 113, p. 15.

Proposal of the European Ombudsman for a solution in case 1009/2017/PL on the European Commission’s handling of two infringement procedures against the United Kingdom on how it applied the Free Movement Directive

Pátek | 16 června 2017

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1]

The case concerned the amount of time it is taking the European Commission to conclude two infringement procedures against the United Kingdom on how it is applying the ‘Free Movement Directive’. The complainant is Member of the European Parliament, Sophie in ‘t Veld.

The Ombudsman opened an inquiry into the complaint and met with the Commission and inspected its files on the two infringement procedures. The Commission explained the complexity of the cases, which have been delayed due to related EU court rulings and changes in the relevant UK laws during the infringement proceedings.

The Ombudsman proposes as a solution that the Commission should provide the complainant with a more detailed account of the steps it has taken in these infringement procedures, and the reasons for which they have been delayed.

 

[1] Decision of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (94/262/ECSC, EC, Euratom), OJ 1994 L 113, p. 15.

Proposal of the European Ombudsman for a solution in case 1343/2014/NF on the eligibility of certain costs for a project under the EACEA’s Lifelong Learning Programme

Čtvrtek | 15 června 2017

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1] The background to the complaint 1. This case concerns an EU grant made under the Lifelong Learning Programme(LLP), the EU’s 2007-2013 programme for education and training[2]. The complainant is an Austrian company. It was a member of a consortium chosen to carry out a project under a grant agreement managed by the Edu...

Proposal of the European Ombudsman for a solution in case 1616/2016/MDC (Confidential) on the alleged failure by Frontex to make public Serious Incident Reports concerning Frontex or joint operations in Bulgaria

Pátek | 16 prosince 2016

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1] The background to the complaint 1. The complainant is a journalist who has written about EU border issues, and in particular the work of the European Border and Coast Guard Agency (Frontex) for some years. 2. On 27 September 2016, he requested Frontex to give him public access to all Serious Incident Reports relating ...

Proposal of the European Ombudsman for a solution in case 445/2016/JAS on the refusal of the European Commission to grant public access to its file on a medical product

Pátek | 08 července 2016

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1] The background to the complaint 1. The complainant is the director of a now insolvent German company that produced an asthma inhaler invented by the complainant. Since 2011, the complainant has been involved in a legal dispute with the European Commission before the EU courts over the Commission’s inaction following G...

Proposal for a solution in own-initiative inquiry OI/7/2016/MDC on the decision of the European Union Delegation to Armenia not to conclude a Grant Contract

Středa | 15 června 2016

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1] This own-initiative inquiry is based on a complaint submitted by an association of Armenian NGOs called the Citizens' Protection League (CPL). It concerns the decision of the European Union Delegation to Armenia not to conclude a Grant Contract with CPL which, according to the latter, was not based on sound reasons. T...

Proposal of the European Ombudsman for a solution in case 559/2016/MDC on the complainant’s alleged unfair dismissal from and harassment at the European Investment Bank

Sobota | 30 dubna 2016

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1] The background to the complaint 1. The complainant, who had worked for an EU Agency, moved to Luxembourg from Germany (Cologne) with her two children in mid-August 2015 in order to take up employment with the European Investment Bank (‘EIB’). She was engaged under a four year contract which was subject to a six month ...

Proposal of the European Ombudsman for a solution in case 212/2016/ZA on the European Commission’s annual reviewing of Member States’ export credit agencies

Pátek | 29 dubna 2016

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1] The complainant, ECA Watch, is an international coalition of NGOs that monitor export credit agencies - national bodies that give financial support to companies exporting to ‘risky’ markets. Under the applicable EU law, the European Commission prepares an annual review of export credit agencies’ activities, based on a...

Proposal of the European Ombudsman for a solution in case 1677/2015/DR on the European Commission’s refusal to disclose the names and CVs of the members of an ‘expert group’ on radioactive health risks

Sobota | 19 března 2016

Made in accordance with Article 3(5) of the Statute of the European Ombudsman[1] The complaint, submitted by a French anti-nuclear NGO, concerns the refusal by the European Commission to disclose the names and professional credentials of the members of an ‘expert group’ on radioactive health risks. The group, which is made up of experts in radiation and public health, provides the Commission with ...