Dear Mr Q.,
On 19 July 1999 you lodged a complaint with the European Ombudsman against the refusal by the Commission of the European Communities to let you see your marked examination script in competition COM/A/10/98.
On 6 September 1999 I forwarded the complaint to the Commission for its comments. The Commission sent its opinion on 11 November 1999, and I forwarded it to you with an invitation to make observations, if you so wished. I also sent you a copy of the Special Report regarding recruitment procedures which I had submitted to the European Parliament on 18 October 1999. On 18 November 1999, you sent me your observations on the Commission's opinion.
I am writing now to let you know the results of the inquiries that have been made.

THE COMPLAINT

The complainant took part in competition COM/A/10/98 organised by the Commission of the European Communities and passed the preselection tests of this competition. However, on 16 June 1999 he was informed that he was not among the 200 candidates with the best marks and could therefore not be admitted to the written test. The complainant thereupon asked the Commission to be allowed to inspect his marked examination script. The Commission refused, arguing that this document had to be kept confidential.
The complainant claims that he is entitled to see his marked examination script.

THE INQUIRY

The Commission's opinion
The complaint was sent to the Commission for its comments.
In its opinion, the Commission argued that it was not customary to allow candidates to inspect their marked examination scripts. In its view, it was sufficient to inform the candidates of the result which they had achieved at the examination.
The complainant's observations
In his observations, the complainant maintained his complaint. He pointed out that he fully shared the view which the Ombudsman had expressed in the Special Report which the latter had submitted to the European Parliament on 18 October 1999.

THE DECISION

1 Refusal to grant access to marked examination script
1.1 The complainant claims that the Commission of the European Communities ought to grant him access to his marked examination script in competition COM/A/10/98.
1.2 The Commission argues that it is not customary to allow candidates to inspect their marked examination scripts. In its view, it is sufficient to inform the candidates of the result which they have achieved at the examination.
1.3 On 18 October 1999, the European Ombudsman submitted a Special Report to the European Parliament following his own-initiative inquiry into the secrecy which forms part of the Commission's recruitment procedures. In this report, the Ombudsman expressed the view that each candidate taking part in a competition should have the possibility to inspect the marked copy of his or her own examination script. The Ombudsman therefore recommended that the Commission should give candidates access to their own marked examination scripts upon request. The complainant will be informed of the outcome of this procedure by the Ombudsman. In view of these circumstances the Ombudsman considers that it is not necessary to proceed with the present inquiry.
2 Conclusion
On the basis of the European Ombudsman's inquiries into this complaint, there appears to have been no maladministration by the European Commission. The Ombudsman therefore closes the file.
The President of the European Commission will also be informed of this decision.
Yours sincerely
Jacob SÖDERMAN