The case concerned the handling of a harassment complaint from a staff member of an EU mission. The EU mission in question decided to open a ‘preliminary investigation’, but faced issues in actually starting it.

The complainant contacted the European Ombudsman when, after several months, the preliminary investigation appeared not to have begun.

The Ombudsman opened an inquiry, asking the EEAS to give an account of the situation.

In the course of the Ombudsman’s inquiry, the EEAS actually began the preliminary investigation, which led to a report on the basis of which it was decided to open a disciplinary procedure.

The Ombudsman concluded that the delay in starting to carry out the preliminary investigation was a breach of the complainant’s fundamental right to a reasonable administrative handling time. The Ombudsman moreover concluded that there had been maladministration in the initial communication with the complainant.

However, given that the preliminary investigation had meanwhile led to the opening of a related disciplinary procedure, the Ombudsman closed the inquiry.