The European Ombudsman, P. Nikiforos Diamandouros, has welcomed the decision of the European Investment Bank (EIB) to grant a company private access to certain parts of an audit report, although full public access could not be granted. Mr. Diamandouros said that “the EIB's constructive approach in this case could serve as a model for future cases".

The case

In 2000, the EIB carried out an audit into a large infrastructure project in Africa, which was partially funded by the EU. Two companies from the same group as the company on behalf of which the complaint to the Ombudsman was made were involved in the project. In September 2004, the company asked for access to the audit report. The EIB rejected the request, arguing that disclosure would harm the purpose of protecting investigations and audits.

The company turned to the Ombudsman, stressing that at least partial access to the document should be granted. The Ombudsman proposed a friendly solution, suggesting that the EIB reconsider its refusal. In January 2006, the EIB explained that full disclosure of the audit report was not possible because the Bank had a legal obligation to protect the confidentiality of information of a commercial nature. Nevertheless, it agreed to grant public access to certain other parts of the report. In addition, the EIB allowed the company to have private access to sections of the report that specifically concerned the group of which it was part.

Mr Diamandouros said “although public access to documents should be as wide as possible, privacy and commercial confidentiality are legitimate interests that limit public access. However, the very person whose privacy or commercial interests are concerned should not be denied access on that ground. I therefore welcome the EIB's constructive approach in this case.”

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For information about the case: Mr Gerhard Grill, Principal Legal Advisor, tel: +33 388 172423