Decision of the European Ombudsman on complaint 261/97/JMA against the Council of the European Union

Dear Mr V.,
On 26 March 1997, you addressed a complaint to the European Ombudsman concerning the rejection of your application for open competition Council/C/374. This decision by the Jury responsible of the competition was based on the fact that you had not included with your application evidence regarding your linguistic skills.
I forwarded your complaint to the Secretary-General of the Council on 28 April 1997, with a request for comments by 31 July 1998. On 14 July 1997, I received the reply of the Council which made reference to the fact that you had already lodged a case on this matter with the Court of First Instance. In order to verify this information, I forwarded its letter to you on 22 July 1997 with an invitation for comments. I have received no reply from you.
In accordance with Article 138e of the Treaty establishing the European Community, the European Ombudsman may not conduct inquiries where the alleged facts are or have been the subject of legal proceedings.
After careful examination of this file, it appears that the facts alleged in your complaint to the Ombudsman are now the subject of legal proceedings before the Court of First Instance (case T-168/97).
Article 2 (7) of the Statute of the Ombudsman provides that, when the Ombudsman has to terminate his consideration of a complaint because of legal proceedings, the outcome of any inquiries he has carried out up to that point shall be filed without further action.
The Ombudsman has therefore decided to close the case.
The Secretary-General of the Council of the European Union will also be informed of this decision.
Yours sincerely,
Jacob SÖDERMAN