Dear Mr D.,
On 29 February 1999, you lodged a complainant with the European Ombudsman, concerning an alleged case of abuse of power by your superiors at the European Investment Bank (EIB).
I forwarded your complaint to the President of the EIB on 29 April 1999, with a request for comments by 31 July 1999. The European Investment Bank sent its opinion on 20 July 1999, which I forwarded to you on 22 July 1999 with an invitation to make observations. I have received your observations on 3 December 1999.
From the information received during the inquiry, it appeared that you have lodged three case (case T-7/98 registered on 3 January 1998, case T-208/98 registered on 23 December 1998 and case T-109/99 registered on 2 May 1999) before the Court of First Instance. The Ombudsman notes that the arguments brought forward in the proceedings before the Court are based on the same underlying facts for which you have complained to the Ombudsman.
In accordance with Article 195 of the Treaty establishing the European Community, the European Ombudsman may not conduct inquiries where the alleged facts are or have been the subject of legal proceedings.
Article 2(7) of the Statute of the Ombudsman provides that, when the Ombudsman has to terminate his consideration of a complaint because of legal proceedings, the outcome of any inquiries he has carried out up to that point shall be filed without further action. I have therefore decided to close the case.
The President of the European Investment Bank will also be informed of this decision.
Yours sincerely,
Jacob SÖDERMAN