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The Commission's recovery of funds from the European Schools in respect of mother-tongue language classes for students without a language section (SWALS)

Available languages: en
  • Case: 1661/2011/LP
    Opened on 03 Oct 2011 - Recommendation on 20 May 2014 - Decision on 27 Jul 2015
  • Institution(s) concerned: European Commission
  • Field(s) of law: General, financial and institutional matters
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Lawfulness (incorrect application of substantive and/or procedural rules) [Article 4 ECGAB]
  • Subject matter(s): Institutional and policy matters

Allegation(s)

1) The complainant alleges that the Commission lacked legal authority to seek reimbursement from European Schools for mother-tongue classes for SWALS.

2) Even if the Commission could seek reimbursement from European Schools for mother-tongue classes for SWALS, its decision was: (i) substantively wrong, since it contravenes the decision of the Board of Governors of the European Schools granting discharge to the 2008 budget, and (ii) contrary to the principles of legal certainty and legitimate expectations, as the Commission was in essence imposing budget cuts retroactively.

Claim(s)

The complainant claims that the Commission should make a commitment to respect the decision(s) of the Board of Governors regarding such matters.