Dear Mr M.,
On 13 May 1997 you lodged a complaint with the European Ombudsman against the European Commission concerning the violation of European and national labour law by the latter. You claimed that while you had officially been working as an employee of a company which had concluded a contract for the provision of services with the Commission, you had in fact been carrying out tasks which should have been carried out by Commission staff and that therefore your employment situation had to be regarded as illegal from November 1994 onwards at the latest.

THE DRAFT RECOMMENDATION

By decision dated 4 November 1999, following an inquiry into the complaint, the Ombudsman addressed the following draft recommendation to the Commission in accordance with Article 3(6) of the Statute of the Ombudsman(1)):

The Commission should take the necessary steps in order to remedy the illegality of the employment situation of the complainant. It should therefore issue the complainant with a reference for the period of time during which he worked for the Commission.

Full details of the inquiry and the draft recommendation are provided in the decision of 4 November 1999, a copy of which was also forwarded to the complainant.

THE COMMISSION'S DETAILED OPINION

The Ombudsman informed the Commission that, according to Article 3 (6) of the Statute, it should send a detailed opinion before 29 February 2000 and that the detailed opinion could consist of acceptance of the Ombudsman's draft recommendation and a description of how it has been implemented.
On 23 February 2000, the Commission sent to the Ombudsman the following detailed opinion:

"In accordance with your recommendation, Mr Coleman, Director General of Health and consumer protection has already sent a letter of reference to Mr M. concerning the period of time during which he provided technical assistance to the Commission.

This letter of reference is based on the factual situation of Mr M. and on his own activity report (November 1994 to June 1996). It also corresponds to the terms of the contracts the Commission had with the companies that employed Mr M.."

The Commission submitted a copy of a letter from Mr Coleman to the complainant dated 31 January 2000 and the letter of reference enclosed with that letter.
Already on 19 February 2000 the complainant wrote to the Ombudsman to point out that the letter of reference did not bear the Commission's letter-head and had not been signed. The complainant further criticised that the time period referred to in the reference was wrong, given that he had worked for the Commission from 18 April 1994 till 30 June 1996.
On 23 February 2000, the Ombudsman wrote to the Commission to express his satisfaction at the fact that the latter had taken steps in order to implement the draft recommendation. However, in the light of the comments made by the complainant in his letter of 19 February 2000 the Ombudsman invited the Commission to verify whether the dates mentioned in its letter of reference were correct and to consider whether it would not be proper to sign this document, in accordance with normal practice.
On 4 April 2000, the Commission sent a further letter to the Ombudsman in which it stated:

"In accordance with your recommendation, Mr Coleman, Director General of Health and Consumer Protection has sent a revised letter of reference to Mr M. taking into account the comments made by the complainant in his letter of 19 February 2000."

Attached to this letter was a copy of the revised letter of reference dated 20 March 2000 and signed by Mr Coleman. This letter referred to the period from 18 April 1994 to 30 June 1996.
The Commission's letter of 4 April 2000 was forwarded to the complainant on 10 April 2000 and the complainant was invited to make observations, if he so wished, before 31 May 2000. No such observations were received by the Ombudsman by that date.

THE DECISION

1. On 4 November 1999, the Ombudsman addressed the following draft recommendation to the Commission in accordance with Article 3(6) of the Statute of the Ombudsman:

The Commission should take the necessary steps in order to remedy the illegality of the employment situation of the complainant. It should therefore issue the complainant with a reference for the period of time during which he worked for the Commission.

2. On 23 February and 4 April 2000, the Commission informed the Ombudsman of its acceptance of the draft recommendation and of the measures which it had taken to implement it. The measures described by the Commission in its letter of 4 April 2000 appear to be satisfactory and the Ombudsman therefore closes the case.
A copy of this decision will also be sent to the European Commission.
Yours sincerely,
Jacob SÖDERMAN

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(1) Decision 94/262 of 9 March 1994 of the European Parliament on the Regulations and General Conditions Governing the Performance of the Ombudsman's Duties, 1994 OJ L 113/15.