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Decision of the European Ombudsman in the case 2279/2019/KR on the alleged failure of the European Central Bank (ECB) to be clear as regards its mandate in relation to Dutch pension funds

Dear Mr X,

On 5 December 2019, you submitted a complaint to the European Ombudsman against the European Central Bank (ECB) concerning the above issue. The Ombudsman has asked me to deal with your complaint and reply to you on her behalf.

In your complaint you express the view that the ECB has failed to be sufficiently clear about its role in in relation to Dutch pension funds.

Apart from the ECB, your complaint concerns a number of Dutch institutions. The Ombudsman can investigate allegations of maladministration as regards EU Institutions, Bodies, Agencies and Offices only. National institutions are therefore not covered by the European Ombudsman’s mandate.

In its reply to you, the ECB explained that its President, in a discussion with members of the Dutch parliament in 2017, said that the regulation and supervision of pension funds do not fall under the remit of the ECB.

 After a careful analysis of the information provided you, we have decided to close the inquiry with the following conclusion:

The information provided in the complaint appears not to give reason for concluding that the ECB acted with maladministration [1].

This is probably not the result you were hoping for. We hope that the above information and explanations are nevertheless helpful.

Yours sincerely,

 

Fergal Ó Regan

Head of Inquiries - Unit 2

Strasbourg, 14/01/2020

 

[1] Full information on the procedure and rights pertaining to complaints can be found at https://www.ombudsman.europa.eu/en/document/70707 .