Strasbourg, 6 July 2005

Dear Mr X.,

On 2 November 2004, you made a complaint to the European Ombudsman against the European Personnel Selection Office (EPSO) concerning your participation in competition COM/C/1/02. The Ombudsman's services received this complaint on 21 December 2004.

On 11 January 2005, I forwarded the complaint to the Director of EPSO. EPSO sent its opinion on 22 April 2005. I forwarded it to you with an invitation to make observations, which you sent on 24 May 2005.

I am writing now to let you know the results of the inquiries that have been made.

THE COMPLAINT

According to the complainant, the facts can be summarised as follows:

The complainant, a French citizen, took part in competition COM/C/1/02(1) (French-speaking typists). He was invited to the practical and oral tests, which took place on 21 May 2003 in Luxembourg. He passed the competition and his name was put on the reserve list.

On the day of the tests, the complainant filled in the form concerning the reimbursement of his travel expenses. As he received no information about his request, he called EPSO several times. On 8 January 2004, the complainant wrote to EPSO and, on 7 May 2004, he sent an e-mail to EPSO. He received no reply.

The complainant alleges that EPSO failed to reply to his requests.

He claims that he should be refunded for the travel expenses that he incurred when he took the tests on 21 May 2003 in Luxembourg.

THE INQUIRY

The European Personnel Selection Office's opinion

The European Personnel Selection Office's opinion can be summarised as follows:

When EPSO received the present complaint, it checked the complainant's file and noticed that the form concerning the reimbursement of travel expenses that he handed over on the day of the practical and oral tests was filed with his application and that no appropriate action had been taken.

Aware of this unfortunate mistake, EPSO immediately sent the complainant's request to the financial service and, on 14 January 2005, informed the complainant accordingly. He was asked to provide supplementary information, which he did on 1 March 2005. Shortly after 16 March 2005, an amount of EUR 106.80 was paid to the complainant's bank account.

This amount was calculated on the basis of the rates applicable today, which are higher than the ones applicable at the time of the tests.

In its letter of 14 January 2005, EPSO informed the complainant that it never received his letter of 8 January 2004 and apologised for the unfortunate mistake.

The complainant's observations

The complainant indicated that, on 21 March 2005, he obtained the reimbursement of his travel expenses. He thanked the Ombudsman for his intervention.

THE DECISION

1 Alleged failure to reply to the complainant's requests

1.1 The complainant, a French citizen, took part in competition COM/C/1/02. He passed the competition and his name was put on the reserve list. On the day of the tests, the complainant filled in the form concerning the reimbursement of his travel expenses. On 8 January 2004 and 7 May 2004, the complainant contacted EPSO in writing about his request for reimbursement. He received no reply. The complainant alleges that EPSO failed to reply to his requests.

1.2 EPSO informed the complainant that it never received his letter of 8 January 2004.

1.3 The Ombudsman recalls that, according to the European Code of Good Administrative Behaviour, "[e]very letter or complaint to the Institution shall receive an acknowledgement of receipt within a period of two weeks, except if a substantive reply can be sent within that period (...)". The Ombudsman notes that EPSO never received the complainant's letter dated 8 January 2004. He also notes that, in its opinion, EPSO makes no comment on the complainant's e-mail of 7 May 2004. However, in view of paragraph 2.3 below, the Ombudsman takes the view that no further inquiry is necessary as regards this aspect of the complaint.

2 Claim

2.1 The complainant claims that he should be refunded for the travel expenses that he incurred when he took the tests on 21 May 2003 in Luxembourg.

2.2 According to EPSO, shortly after 16 March 2005, an amount of EUR 106.80 was paid to the complainant's bank account. This amount was calculated on the basis of the rates applicable today, which are higher than the ones applicable at the time of the tests.

2.3 In his observations, the complainant indicated that, on 21 March 2005, he obtained the reimbursement of her travel expenses. He thanked the Ombudsman for his intervention.

3 Conclusion

It appears from EPSO’s comments and the complainant's observations that EPSO has taken steps to settle the matter and has thereby satisfied the complainant. The Ombudsman therefore closes the case.

The Director of EPSO will also be informed of this decision.

Yours sincerely,

 

P. Nikiforos DIAMANDOUROS

---

(1) OJ C 18 A, 22.01.2002.