Dear Mrs T.,

On 7 February 2002, you made a complaint to the European Ombudsman concerning your exclusion from competition Council /A/393 for lack of professional experience.

On 8 March 2002, I forwarded the complaint to the Secretary General of the Council. On 18 March 2002, you phoned the Ombudsman's secretariat to inform that you had received a reply from the Council and that therefore you wanted to withdraw your complaint.

I am writing now to let you know the results of the inquiries that have been made.

THE COMPLAINT

According to the complaint, the relevant facts were as follows:

The complainant participated in open competition COUNCIL/A/393 (Greek-speaking administration personnel). She successfully passed the written exams, but was then informed by letter of 29 October 2001 that she was excluded from the competition because of lack of professional experience. A standard reason was given with a reference to point III, B, 2, b) of the competition notice.

Point III.B.2, b) of the competition notice requires a work experience of 2 years. However, the same point provides that post-graduate diploma's can count for ½ year and maximum 1 year equivalent work experience. The complainant, who accomplished 5 years post-graduate studies, is of the opinion that she satisfies the condition of the competition notice.

The complainant asked for an explanation for her exclusion from the competition in a fax dated 27 December 2001. She sent three other faxes on 15 and 18 January 2002 and on 5 February 2002. None of these faxes received a reply from the Council.

On 7 February 2002, the complainant therefore lodged the present complaint with the Ombudsman. She alleges:

1. that the Council failed to provide an explanation for her exclusion from the competition.

2. that the Council did not reply to her 4 faxes dated 27 December 2001, 15 and 18 January and 5 February 2002 in which she asked for an explanation.

She thirdly claimed that her file is re-examined and that she is admitted to participate in the competition.

THE INQUIRY

On 18 March 2002, the complainant phoned the Ombudsman's secretariat stating that she had received a reply from the Council and that, therefore, she wanted to withdraw her complaint.

THE DECISION

1 The alleged lack of an explanation for the exclusion from the competition and the alleged failure to reply to the faxes

1.1 The complainant alleged that the Council failed to provide an explanation for her exclusion from the competition. She also alleged that the Council did not reply to her 4 faxes dated 27 December 2001, 15 and 18 January and 5 February 2002 in which she asked for an explanation. She claimed that her file is re-examined and that she is admitted to participate in the competition.

1.2 On 18 March 2002, the complainant informed the Ombudsman's secretariat that she had received a reply from the Council and that, therefore, she wanted to withdraw her complaint.

2 Conclusion

It appears from the information supplied to the Ombudsman by the complainant that she wishes to drop the complaint. The Ombudsman therefore closes the case.

The Secretary General of the Council will also be informed of this decision.

Yours sincerely,

 

Jacob SÖDERMAN