Dear Mr X,

You submitted a complaint to the European Ombudsman against the European Union Intellectual Property Office (EUIPO) concerning its refusal to give public access to a data protection impact assessment related to its selection procedures.

As you know, the Ombudsman has been informed that you submitted an application to the General Court requesting the annulment of the EUIPO´s decision to refuse public access to the EUIPO´s Data Protection Impact Assessment (DPIA) related to remotely held selection procedures during COVID-19 ( Mr X (WS) v EUIPO).

The Ombudsman informed you on 9 July 2024 of its intention to close your complaint 770/2024/FA because of the ongoing legal proceedings. In particular, we found that the documents concerned by your application to the General Court are the same as those in case 770/2024/FA.

We understand from your e-mails of 22 July 2024 that you would like the Ombudsman to suspend her inquiry, rather than close it, in view of the ongoing court proceedings. However, the Ombudsman cannot continue dealing with your complaint. In line with the Ombudsman Statute and Implementing Provisions, the Ombudsman cannot examine complaints where the issues raised are or have been the subject of legal proceedings.[1] This means that the Ombudsman cannot, as requested by you, suspend the inquiry.

Moreover, please note that we did not find elements in your complaint that warrant transferring the matter to the European Anti-Fraud Office (OLAF). In any event, we understand that you have already turned to OLAF.

I appreciate this may not be your desired outcome, but I hope that you find the above explanations helpful. [2]

Yours sincerely,

 

Rosita Hickey

Director of Inquiries

Strasbourg 29/07/2024

 

[1] Article 2(9) of the Statute of the Ombudsman provides that “Where, because of legal proceedings in progress or concluded concerning the facts which have been put forward, the Ombudsman declares a complaint inadmissible or decides to terminate consideration of it, the outcome of any inquiries that the Ombudsman has carried out up to that point shall be put on file and that file shall be closed.”; Article 6.5 of the Ombudsman implementing provisions provides that “Where the Ombudsman becomes aware that the matter under investigation has become the subject of legal proceedings, the Ombudsman shall close the inquiry and inform the complainant and the institution.”

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