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Decision in case 1882/2018/MH on how the European Investment Bank dealt with a letter about an agreement with Luxembourgish hospitals

Besluiten
Zaak 1882/2018/MH - Geopend op Woensdag | 05 december 2018 - Besluit over Dinsdag | 07 mei 2019 - Betrokken instelling Europese Investeringsbank ( Opgelost door de instelling ) - Land Luxemburg

1. During the past two years, the complainant has been in contact with the European Investment Bank (the EIB) about the agreements it has in place with Luxembourgish health providers for its staff. On 13 September 2018, the complainant wrote to the EIB noting that it had withdrawn from its agreement with doctors and dentists, but not from its agreement with hospitals. The complainant argued that the same logic for withdrawing from the agreement with doctors and dentists should apply also to the one with hospitals. He raised concerns about the hospitals’ invoicing practices and their compatibility with EU law. He criticised the automatic renewal of the agreement and called on the EIB to terminate it.

2. As the complainant did not receive a reply to his letter, he complained to the European Ombudsman. The Ombudsman’s inquiry team contacted the EIB and the EIB replied to the complainant on 10 January 2019. In its reply, the EIB informed the complainant that its Personnel Directorate is examining the question of potential termination of the agreement. It assured the complainant that the EIB is analysing the agreement together with other EU institutions and that they would consider the complainant’s points about the hospitals’ practices. It referred the complainant to its earlier letters setting out its position on his EU law concerns. The EIB also explained the differences between the two agreements, which led it to take a more cautious approach to its agreement with hospitals. Concerning the complainant’s request that the EIB terminate the agreement, the EIB made clear in its reply that it is examining the issues.

3.  Since the EIB adequately addressed in its reply the points raised by the complainant[1], this complaint is resolved and I have decided to close the case[2].

 

Lambros Papadias

Head of Inquiries - Unit 3

Strasbourg, 07/05/2019

 

[1] If the complainant considers that the institution’s reply is not satisfactory, it is open to him to make a new complaint to the Ombudsman.

[2] This complaint has been dealt with under delegated case handling, in accordance with Article 11 of the Decision of the European Ombudsman adopting Implementing Provisions