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Decision on how the European Border and Coast Guard Agency (Frontex) dealt with a complaint about alleged irregularities in two selection procedures for contract staff (RCT-2017-00048 and Frontex/17/CA/FGIII/26.1) (case 174/2021/KT)

Mercredi | 30 novembre 2022

The complainant took part in two selection procedures for contract staff, organised by the European Border and Coast Guard Agency (Frontex) in 2018 and 2019. He was dissatisfied with how Frontex dealt with his administrative complaint about the evaluation of his application in the 2018 selection procedure, in which he was unsuccessful. He also complained that Frontex had failed to reply to his request for feedback regarding the 2019 selection procedure.

In the course of the inquiry, Frontex provided the complainant with feedback regarding the 2019 selection procedure. As regards the 2018 selection procedure, the Ombudsman found nothing to suggest a manifest error in how Frontex had assessed the complainant’s application. However, the Ombudsman considered that Frontex had not dealt with the complainant’s administrative complaint in an entirely satisfactory manner.

Given that the inquiry revealed no manifest error of assessment, the Ombudsman considered that no additional inquiries would be justified into that aspect of the complaint. The Ombudsman suggested, however, that Frontex improve how it communicates to applicants the redress possibilities in the context of its staff selection procedures, as well as how it processes and keeps records of complaints by unsuccessful applicants.

Decision on how the Translation Centre for the Bodies of the European Union (CdT) evaluates tenders in procurement procedures for the provision of translation services (case 1841/2021/ABZ)

Mercredi | 09 novembre 2022

The case concerned how the Translation Centre for the Bodies of the European Union (CdT) evaluated tenders in two procurement procedures for the provision of translation services. The complainant argued that the CdT was inconsistent in its evaluation, given that it had assessed its tenders differently in the past. It also argued that the CdT had wrongly assessed the complainant’s tenders against two criteria set out in the calls for tenders.

The Ombudsman found that the CdT correctly followed the methodology it put in place for assessing the tenders in the two procedures. She also took the view that there was no indication of a manifest error in how the CdT assessed the complainant’s tenders.

On that basis, the Ombudsman considered that there was no maladministration by the CdT and she closed the case. Nevertheless, the Ombudsman trusts that the CdT will provide more detailed information to tenderers about its assessment in future procedures, as clearer information at an early stage may reduce the risk of complaints such as the one that led to this inquiry.

Décision sur la possibilité pour la Médiatrice d’enquêter sur le traitement par la Cour de justice de l’Union européenne de préoccupations concernant le respect de son code de conduite des membres de la Cour (affaire 1072/2021/NH)

Lundi | 27 juin 2022

L’affaire concernait des observations publiques formulées par un avocat général de la Cour de justice de l’Union européenne (CJUE) au sujet du projet de législation de l’UE sur les marchés numériques alors que le processus législatif était en cours. Le plaignant, une organisation de protection des consommateurs, a estimé que la CJUE n’avait pas correctement traité cette violation potentielle de son code de conduite.

La Médiatrice a posé une série de questions à la CJUE. La CJUE a fait valoir que la Médiatrice n’était pas habilitée à enquêter sur la plainte parce que celle-ci concernait le rôle juridictionnel de la Cour.

Le point de vue de la Médiatrice concernant son mandat était différent de celui de la CJUE. Toutefois, étant donné que de nouvelles enquêtes ne seraient pas pertinentes, la Médiatrice a clôturé l’affaire.

Decision on how the European Personnel Selection Office (EPSO) responded to concerns regarding the composition of an interview panel in a selection procedure for EU staff in the field of taxation (case 1169/2020/KT)

Jeudi | 23 juin 2022

The case concerned how the European Personnel Selection Office (EPSO) assessed a candidate in an interview in the context of a procedure for recruiting EU civil servants in the field of taxation. The complainant considered that his low score in the interview was due to the fact that the interview panel did not include any expert in taxation. He was dissatisfied with how EPSO addressed his concerns.

In the course of the inquiry, EPSO provided adequate clarifications about the expertise of the selection board. The Ombudsman found nothing to suggest a manifest error in how EPSO had carried out the interview. The Ombudsman therefore closed the inquiry with a finding of no maladministration.

Decision on how the European Commission carried out a procurement procedure for the provision of expert medical services (case 1756/2021/LM)

Jeudi | 02 juin 2022

The European Commission organised a call for tenders for the provision of expert medical services for the European Union’s Joint Sickness Insurance Scheme (‘the JSIS’). The complainant submitted a tender but was not successful.

The complainant asked the Commission for information about the successful tender and the contract value, but the Commission did not provide it to him. The complainant thus turned to the Ombudsman, raising concerns about the procurement procedure and questioning how his replies to the technical questionnaire had been evaluated.

The Ombudsman found that the Commission evaluated the complainant’s offer in line with the applicable rules and, therefore, there was no maladministration in this aspect of the complaint. However, the fact that the Commission provided the complainant with the information he had requested only in the course of the inquiry constituted maladministration. To address this, the Ombudsman made suggestions to ensure that, in the future, the Commission has in place measures to safeguard the rights of unsuccessful tenderers to avail of the redress mechanisms at their disposal.

Decision on how the European Union Agency for Criminal Justice Cooperation (Eurojust) carried out a selection procedure for the position of legal officer (case 1818/2021/FA)

Vendredi | 20 mai 2022

The case concerned how the European Union Agency for Criminal Justice Cooperation (Eurojust) carried out a selection procedure for the position of legal officer and assessed the complainant’s application.

The Ombudsman found nothing to suggest a procedural error or a manifest error in how the selection board assessed the complainant’s application and therefore closed the case with a finding of no maladministration.

Decision on how the European Insurance and Occupational Pensions Authority (EIOPA) carried out a selection procedure (case 921/2021/VB)

Mardi | 05 avril 2022

The case concerned how the European Insurance and Occupational Pensions Authority (EIOPA) organised a remote ‘pre-screening written test’ in a selection procedure. The complainant took issue with the EIOPA’s decision to organise the test remotely and with how the test was organised. He also argued that, as the EIOPA offered two different dates on which candidates could take the test, there was a risk that candidates could share test questions with each other.  

The Ombudsman found that both the decision to organise the pre‑screening test remotely and how the test was organised was reasonable. The EIOPA also took sufficient safeguards to minimise the risk that candidates could share test questions with each other.  

The Ombudsman closed the inquiry finding that there was no maladministration by the EIOPA.