Decision in case 279/2018/JN on the European Commission’s decision to recover funds from a company that participated in an EU-funded project in Namibia

Wednesday | 07 August 2019

The case concerned the European Commission’s decision to recover funds from the complainant - a company having implemented an EU project in Namibia.

While the Ombudsman was inquiring into the fairness of the Commission’s decision, the Commission approached both the complainant and the government of Namibia to find a solution. Since Namibia accepted partial financial responsibility, the Commission paid to the complainant nearly the whole amount recovered.

Since the complainant appeared satisfied with this outcome, the Ombudsman found that the Commission had settled the complaint and closed the inquiry.

Decision in case 1490/2017/JAP on the European Commission’s rejection of costs incurred in a project aimed at tackling the unemployment of young people in Slovenia and Croatia

Tuesday | 30 July 2019

The case concerned the Commission’s rejection of costs related to the administration and implementation of a project aimed at tackling the unemployment of young people in Slovenia and Croatia. The Commission refused to make the final payment of some EUR 24 000. It argued that the corresponding costs which were due to an increase in the working days of a number of employees were exaggerated.

The Ombudsman found that the Commission had not taken into account the extension of time necessary to complete the project. Given that an extension had been granted, it was reasonable to expect that the number of working days would increase as well. She considered the Commission’s conduct inconsistent and asked the Commission to reconsider its position.

The Commission reassessed its position but, invoking the principle of sound financial management, decided not to allow any further costs.

The Ombudsman closed the inquiry as there was no prospect for a positive result for the complainant. To avoid similar problems in the future, the Ombudsman suggested that the Commission sensitise beneficiaries taking over the implementation of projects to the need of resubmitting an updated estimated budget and working time arrangements.

How the European Commission (DG DEVCO) dealt with correspondence concerning irregularities over mis‐financing of a project in Malawi and adverse effects on the complainantʹs personal situation

Wednesday | 24 July 2019

How the European Commission (DG DEVCO) dealt with correspondence concerning irregularities over mis‐financing of a project in Malawi and adverse effects on the complainantʹs personal situation

Decision in case OI/98/2018/PL on the Delegation of the European Union to Lebanon’s decision to recover funds granted for a project due to a conflict of interest

Tuesday | 23 July 2019

Background to the complaint 1. The complainant, a Lebanese association[1], received a grant from the Delegation of the European Union to Lebanon (the Delegation) for a project concerning cultural activities[2]. 2. After the implementation of the project, the Delegation carried out an ex post check of the association’s expenses[3]. As it turned out, through a procurement procedure, the association ...

Décision de la Médiatrice européenne dans l’affaire ci-dessus mentionnée concernant la Décision de recouvrement adoptée par la Commission européenne dans le cadre d’un projet financé par l’Union européenne au Pakistan (la Décision)

Tuesday | 23 July 2019

Monsieur, Le 18 janvier 2019, vous avez introduit une plainte auprès de la Médiatrice européenne à l’encontre de la Commission européenne concernant le sujet cité en objet. Le 5 mars 2019, vous nous avez fait parvenir des éléments complémentaires dans le cadre de votre plainte. La Médiatrice, Madame O’Reilly, m'a demandé de traiter votre plainte et de vous répondre en son nom. Après analyse minuti...

How the European Commission (EU Delegation to Kenya) rejected certain staffing costs following a financial and systems audit in the context of Somali‐Wide Educational Synergies II & III project (Ref. ARES(2018)3464132)

Friday | 19 July 2019

How the European Commission (EU Delegation to Kenya) rejected certain staffing costs following a financial and systems audit in the context of Somali‐Wide Educational Synergies II & III project (Ref. ARES(2018)3464132)

Decision on strategic initiative SI/3/2018/JN: effective complaint mechanisms for matters concerning European Structural and Investment Funds - follow-up to OI/8/2014/AN

Thursday | 18 July 2019

Mr Jean-Claude Juncker President of the European Commission Strasbourg, 18/07/2019 Dear Mr President, I refer to my letter of 25 September 2018 on effective complaint mechanisms for matters concerning European Structural and Investment Funds (ESI funds) and how Article 74(3) of Regulation 1303/2013[1] is implemented. I have now examined the Commission’s reply, as well as the information provided b...

Decision in case 1880/2017/CEC on the drawing up by the European Anti-Fraud Office of a final report on an investigation into irregularities and fraud affecting projects co-financed by EU funds

Thursday | 18 July 2019

The case concerned how the European Anti-Fraud Office (OLAF) drew up its final report on an investigation into irregularities and fraud affecting EU-funded projects. The complainant contended that the final report breached the procedural guarantees foreseen in the applicable rules, contained factual errors, and as a result, could not be used as evidence before a court.

The Ombudsman opened an inquiry into the complainant’s concerns and found no maladministration by OLAF. However, the Ombudsman made suggestions on how OLAF could make further improvements to the procedural guarantees of persons under investigation. On this basis, she closed the case.

Decision in case 567/2018/MDC on the failure of a European Union Delegation to give due consideration to the complainant’s objections to the findings that certain costs were ineligible under a grant contract

Friday | 12 July 2019

The case concerned the decision of an EU Delegation to recover over EUR 100 000 it had paid out as part of a grant for an EU funded project aimed at promoting non-violent conflict resolution, tolerance and mutual understanding in parts of the Middle East. The complainant argued that the Delegation had failed to give due consideration to its objections to audit findings that certain costs were ineligible under the grant contract.

In the course of the inquiry, the Commission engaged with the complainant in relation to its objections. The Ombudsman found that the explanations it gave in this context were reasonable and concluded that there was no maladministration on this aspect. As one other matter is now before a court, the Ombudsman can no longer examine it. On this basis, the Ombudsman closed the case.

Commission (DG DEVCO and EU Delegation to Turkey) and an alleged mismanagement of the Technical Assistance for Strengthening the National Nature Protection System for Implementation of Natura 2000 Requirements project

Tuesday | 18 June 2019

Commission (DG DEVCO and EU Delegation to Turkey) and an alleged mismanagement of the Technical Assistance for Strengthening the National Nature Protection System for Implementation of Natura 2000 Requirements project