Strasbourg, 4 March 2005

Mr President,

On 27 July 2004, I wrote to you in order to inform you that I had decided to open an own-initiative inquiry into a matter concerning the payment of severance grants to two former members of staff at the European Commission's Representation in Ankara, Mrs A. and Mrs B.

I informed you that I had received a complaint against the Commission from Mrs A. and Mrs B., in which they alleged that the Commission had failed to pay them the full severance grant that they considered themselves to be entitled to. However, I had to inform the complainants that I had no power to deal with their letter of 25 June 2004 as a complaint, as the Treaty establishing the European Community provides for the European Ombudsman to receive complaints from "any citizen of the Union or any natural or legal person residing or having its registered office in a Member State of the Union." It appeared that the complainants did not fall into any of these categories. In the light of the facts of the case, I nevertheless concluded that it would be appropriate to inquire into the matter through an own-initiative inquiry.

On 8 October 2004, the Commission sent me its opinion in the case. I forwarded the opinion to Mrs A. and Mrs B. on 18 October 2004. On 26 November 2004, they sent me their observations, copies of which were sent to several members of the Commission staff also.

By email dated 6 February 2005, Mrs A. and Mrs B. informed me that they had opened a court case on 17 January 2005 in respect of the object of my own initiative inquiry.

The European Ombudsman's Statute(1) contains the following provisions:

Article 1(3):

The Ombudsman may not intervene in cases before courts or question the soundness of a court's ruling.

Article 2(7):

When the Ombudsman, because of legal proceedings in progress or concluded concerning the facts which have been put forward, has to declare a complaint inadmissible or terminate consideration of it, the outcome of any enquiries he has carried out up to that point shall be filed definitively.

Although these provisions do not directly apply to the facts of the case, and therefore do not oblige me to close my inquiry, I have nevertheless decided that the basic purpose expressed in those articles would make it appropriate to do so in this case. In reaching my conclusion, I have in particular taken into consideration the fact that the own-initiative inquiry was essentially opened on the basis of the complaint submitted by Mrs A. and Mrs B.

I have informed Mrs A. and Mrs B. that they are free to contact me again if the court case is dropped.

Yours sincerely,

 

P. Nikiforos DIAMANDOUROS

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(1) Decision of the European Parliament on the regulations and general conditions governing the performance of the Ombudsman's duties, Official Journal 1994 L 113 p 15.