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Decision on how the European Securities and Markets Authority handled the procedure for establishing a staff member’s invalidity (case 2029/2020/PL)

Monday | 11 October 2021

The case concerned the time taken by the European Securities and Markets Authority (ESMA) to handle a procedure for establishing a staff member’s invalidity. The inquiry focused on determining whether ESMA was taking the necessary measures to finalise the procedure without further delay.

The Ombudsman identified a number of shortcomings. However, as the procedure was finalised in the course of the inquiry and the complainant can now challenge the outcome if he so wishes, including procedural flaws, the Ombudsman closes the inquiry with the finding that no further inquiries are justified. The Ombudsman makes a suggestion for improvement to ESMA to reflect on what happened in this case and consider taking concrete measures to avoid delays in future delegated administrative procedures.