The European Ombudsman, P. Nikiforos Diamandouros, has welcomed the European Commission's decision to pay compensation of EUR 56 000 to a French journalist. This is the biggest compensation payment to date(1) resulting from a complaint to the Ombudsman. It follows his finding that the Commission failed to respect the complainant's reasonable expectations. The Commission had cancelled its financial contribution to the complainant's project.

Commenting on the outcome, the Ombudsman said "The Commission's action in this case shows that it is keen to undo the results of maladministration that I bring to its attention. By agreeing to pay compensation, it has shown its respect for the citizen's fundamental right to good administration."

The case(2)

The complainant submitted to the Commission a project on communication strategies in relation to the enlargement of the Union. The project comprised three press visits: two visits of 12 French journalists to Poland and the Czech Republic and a visit of 24 journalists from the candidate countries to France. The Commission made a budgetary commitment amounting to EUR 94 854 to co-finance the project. According to the complainant, four weeks before the press visit to France, the Commission informed him that it would not cover the related expenses. The complainant alleged that the Commission was liable and claimed reimbursement of the costs and compensation for the damage caused.

The Commission argued that it had to free itself from the operation in order to guarantee strict respect for the financial regulations. While acknowledging that its letter informing the complainant could appear belated, it maintained that, in the absence of any legal obligation on its part towards the complainant, there appeared to be no question of any damage suffered.

The Ombudsman concluded that, by canceling its financial contribution, the Commission had failed to respect the complainant's reasonable expectations. He proposed that the Commission take measures to ensure that the complainant, as far as possible, be put in the same position he would have been in had maladministration not occurred. This could include a reasonable offer of financial compensation, he said.

The Commission agreed to pay EUR 56 000. The complainant thanked the Ombudsman for his successful intervention.

The Ombudsman's decision can be found on his website at the following address:

 

For further information, please call Ms Marjorie Fuchs, Legal Officer, tel. +33 3 88 17 40 78.

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(1) Other complaints to the Ombudsman have resulted in the complainant receiving, or not being required to repay, larger sums but this is the highest compensation payment to date.

(2) This complaint was treated as confidential at the request of the complainant. The Ombudsman's decision and press release have therefore been anonymised. The masculine form has been used throughout.