Decision of the European Ombudsman on complaint 3473/2006/GG against the European Commission

THIS COMPLAINT WAS TREATED AS CONFIDENTIAL. THE DECISION HAS THEREFORE BEEN ANONYMISED. THE MASCULINE FORM HAS BEEN USED THROUGHOUT.
Strasbourg, 26 July 2007

Dear Mr X,

On 15 November 2006, you, acting on behalf of your clients, submitted to the European Ombudsman a complaint against the European Commission. This complaint concerned the Commission's inquiry in a competition case.

In a telephone conversation with my Office on 20 November 2006, you confirmed that all correspondence concerning this case should be sent to you.

On 11 December 2006, I forwarded the complaint to the President of the European Commission. You were informed accordingly the same day.

On 12 December 2006, you inquired whether the Ombudsman had already taken a position concerning this case. In an e-mail sent on 13 December 2006, my Office informed you of my letter of 11 December 2006 to you.

The Commission's opinion had been requested for 28 February 2007. On 5 March 2007, the Commission asked for an extension of time until 31 March 2007. By letter of 12 March 2007, I accepted this request. You were informed accordingly the same day.

The Commission sent its opinion on 2 April (English original) and 4 May 2007 (German translation). On 27 April 2007, I forwarded a copy of the English original to you. On 8 May 2007, I forwarded the German translation to you with an invitation to make observations, which you sent on 6 June 2007.

On 29 June 2007, I asked you to provide me with copies of certain letters exchanged between you and the Commission. You supplied these copies on 2 July 2007. On 11 July 2007, and in response to a request by my Office, you provided copies of certain further documents.

On 17 July 2007, I addressed a request for further information to the Commission. You were informed accordingly the same day.

In a fax sent on 18 July 2007, the Commission informed me that it had decided to close its inquiry in the relevant competition case without finding an infringement of EC competition rules.

On 23 July 2007, you informed me that your clients had decided to withdraw the present complaint and thanked me for the rapid handling of this case.

Given that the complainants have made it clear that they wish to drop the complaint, I close the case.

The President of the European Commission will also be informed of this decision.

Yours sincerely,

 

P. Nikiforos DIAMANDOUROS