The European Commission’s refusal to grant access to documents relating to its infringement proceedings against the United Kingdom for the improper implementation of the EU Data Protection Directive 95/46/EC

Friday | 21 September 2018

The European Commission’s refusal to grant access to documents relating to its infringement proceedings against the United Kingdom for the improper implementation of the EU Data Protection Directive 95/46/EC

Decision in case 1282/2018/EWM on the European Commission’s refusal to grant public access to a message from a European Commission official to an official of the United Kingdom concerning the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries

Wednesday | 19 September 2018

The case concerned the European Commission’s handling of a request for access to documents related to the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries, such as hosts of web-based services, search engines and sales platforms.

The Commission gave full access to some documents, gave partial access to other documents and refused to grant access to certain other documents. In particular, the Commission refused to grant access to a message from a European Commission official to the WeProtect Global Alliance secretariat at the United Kingdom Home Office. The Commission argued that disclosure would undermine the protection of the public interest as regards international relations and public security. The complainant contested the Commission’s decision, partly on the basis of the presence of private companies on the Board of WeProtect. He argued that under such circumstances, the message could not be considered to undermine international relations.

The Ombudsman found no maladministration by the Commission in refusing to give access to this particular document and closed the case.

Decision in case 811/2017/EA on the transparency of “advisory bodies” that influence the development of EU policy

Wednesday | 19 September 2018

This case is about the transparency of “advisory bodies” that influence the development of EU policy.

The ‘Group of Personalities’ was set up by the Commissioner for Internal Market, Industry, Entrepreneurship and SMEs to help to advise on how the EU can support research related to the Common Security and Defence Policy. An NGO, the European Network Against Arms Trade, complained to the Ombudsman about the lack of transparency regarding the Group of Personalities. It noted, in particular, that the Group did not appear on the European Commission’s Register of expert groups and other similar entities.

The Ombudsman agrees that, in view of its composition - it included political members such as members of the European Parliament, national Parliaments and the Commission - it would be difficult for the Group of Personalities to be considered as an ‘expert group’. However, the Ombudsman notes that the Group of Personalities provided advice in relation to the preparation of a policy initiative, in the same way as an expert group, and that an appropriate level of transparency should have applied to its work. The Ombudsman suggests that an appropriate level of transparency, in relation to this Group, be ensured retrospectively by the Commission. She also suggests that, for the future, the Commission can strengthen public trust in its work by ensuring that appropriate transparency measures are applied to any new version of the Group of Personalities and similar advisory groups that influence important policy areas. Information to be provided about such groups should include, in particular, membership, agendas and minutes of meetings, as well as the criteria for the selection of their non-political members and the measures taken to ensure a balance of relevant stakeholders.

Decision in case 1352/2018/LM on the European Commission’s refusal to grant access to the file of the EU PILOT procedure 8847/16/EMPL.

Wednesday | 19 September 2018

The complaint to the European Commission 1. On 20 May 2018, the complainant asked the European Commission for access to the file of an ongoing EU-Pilot procedure[1] (8847/16/EMPL) against Italy. In particular, he asked to have access to all the letters exchanged by the Commission and Italy (hereinafter, “the requested documents”). The procedure in question concerned Italy’s compliance with a numbe...

Decision in case 540/2017/AMF on the European Commission’s refusal to grant full access to a document related to an infringement procedure against Spain about a Spanish tax on energy production

Tuesday | 18 September 2018

The case concerned the refusal by the European Commission to grant full public access to a note related to an infringement complaint about a Spanish tax on energy production. The Commission argued that full disclosure of the note would undermine the protection of ongoing court proceedings (in the national courts) and the privacy and integrity of individuals.

The Ombudsman inquired into the issue and found that the Commission´s decision to grant only partial access to the note was justified.

The Ombudsman therefore closed the inquiry with a finding of no maladministration.

Decision in case 1243/2018/EA on the alleged failure by OLAF to grant public access to documents relating to an investigation

Tuesday | 11 September 2018

Background to the complaint 1. The complainant is a former staff member of the European Parliament. On 24 November 2017, the European Anti-Fraud Office (‘OLAF’) opened an investigation (case 2017/0878) on the basis of information that the complainant, as an informant, provided to OLAF. 2. On 29 January 2018, the complainant submitted a request for public access to "all submissions, responses, anno...

Decision in case 264/2018/NF on the European Commission’s failure to provide information on the use of temporary and contract staff in the Maltese language department of its Directorate-General for Translation

Tuesday | 11 September 2018

1. On several occasions in early 2018, the complainant wrote to the European Commission about the use of temporary and contract staff in the Maltese language department of its Directorate-General for Translation (DG Translation). As the complainant considered that he had not received a satisfactory reply, he turned to the European Ombudsman on 3 February 2018. 2. The Ombudsman’s inquiry team conta...

Alleged failure by OLAF to grant public access to documents relating to an investigation

Tuesday | 11 September 2018

Alleged failure by OLAF to grant public access to documents relating to an investigation.

Decision in case 367/2017/CEC on the European Commission’s alleged wrongful refusal to grant public access to conformity checking studies in the field of EU environmental law

Monday | 10 September 2018

The case concerned a request for access to documents concerning conformity checking studies in the field of EU environmental law. The complainant further requested that the Commission should actively disseminate those conformity checking studies which are not covered by the exceptions in Article 4 of Regulation 1049/2001.

The Commission denied access to the conformity checking studies that (i) relate to ongoing EU Pilot procedures and (ii) are not related to any ongoing infringement or EU Pilot procedure. The grounds for refusal were the protection of the purpose of investigations and of the decision-making process. The Commission also refused to disseminate the studies actively.

The Ombudsman found no maladministration by the Commission, but suggested that the Commission should actively disseminate conformity checking studies relating to the field of EU environmental law that are not covered by the exceptions in Article 4 of Regulation 1049/2001, as required by Article 4 of the Aarhus Regulation. This includes at least the studies (i) that it has already disclosed and (ii) that relate to EU Pilot or infringement proceedings that have already been terminated.

The EU Executive Agency for Small and Medium-sized Enterprises not inviting an applicant to further participation in a selection procedure for contract staff

Thursday | 06 September 2018

The EU Executive Agency for Small and Medium-sized Enterprises not inviting an applicant to further participation in a selection procedure for contract staff.