Dear Mr N.,
On 14 February 2000, you made a complaint to the European Ombudsman on behalf of EDUPOLI concerning late payment of the final payment of € 58 800 in a project called "Integrated Open and Distance Learning Programme for the SMEs in the Graphics Industry", ID no 31091, within the European Commission's Leonardo da Vinci Programme.
On 27 March 2000, I forwarded the complaint to the President of the European Commission. On 5 July 2000, the Commission sent an opinion on your complaint and I forwarded it to you with an invitation to make observations, which you sent on 16 August 2000.
I am writing now to let you know the results of the inquiries that have been made.

THE COMPLAINT

The complainant alleged that the Commission had failed to make the final payment of € 58 800 more than eight months after the completion of the project "Integrated Open and Distance Learning Programme for the SMEs in the Graphics Industry" although the complainant had provided the complementary information requested by the Commission. Of the sum due, the complainant claims to have already paid advances of € 9 153 to other participants in the project.

THE INQUIRY

The Commission's opinion
In its opinion the Commission made the following points:
The complaint concerns the final payment of a sum of € 41 160 in project FIN/95/1091 and the final payment of a sum of € 17 640 in renewed project FIN/95/31091.
As regards project FIN/95/1091, the Commission stated that within the Leonardo da Vinci Programme a technical assistance office evaluated the final report. At a later stage, the Commission decided, however, not to renew its contract with the company governing the technical assistance office. In order to guarantee continuity and management of the on-going projects the Commission decided to manage itself the programme. In practice, for many different reasons the Commission was only able to take over the management in April 1999. The Commission had to solve many problems in relation to the management of the programme.
In July 1999 the authorising department made a proposal for the payment. Due to the fact that the technical assistance office had earlier managed the project in question, payments could only be made after the Commission had finalised the detailed rules governing the use of the funds. There were also other problems in relation to the use of the funds, which have now been solved. The final payment of project FIN/95/1901 was made to the bank on 23 June 2000.
As regards FIN/95/31901, the Commission stated that it had asked for complementary information from the complainant. This information was given on 28 January 2000. The authorising department made a proposal for the transfer of the final payment in March 2000. According to the applicable procedures the proposal was transmitted to the services of the financial controller and budget in order to obtain an authorisation. The authorisation was given on 4 May 2000 and the Commission sent a payment order to the bank on 4 May 2000. According to the Commission the evaluation of the final report of project FIN/95/31091 was carried out within the normal time limits.
The complainant's observations

The complainant thanked the European Ombudsman for his help and expressed his satisfaction with the outcome of his complaint. According to the complainant, the final payment has now been made and the complainant has been able to pay the other participants in the project.

THE DECISION

1 Delayed final payment
The complainant alleged that the Commission had still not made the final payment of € 58 800 in a project called "Integrated Open and Distance Learning Programme for the SMEs in the Graphics Industry", ID no 31091, within the Leonardo da Vinci programme although over 8 months after the completion of the project. As regards project FIN/95/1901, the Commission made the final payment on 23 June 2000. As to project FIN/95/31091, the Commission sent the order of payment to the bank on 4 May 2000. In his observations the complainant has expressed his satisfaction to the outcome. The Commission has therefore taken steps to settle the matter and has thereby satisfied the complaint.
2 Conclusion
It appears from the European Commission's opinion and the complainant's observations that the Commission has taken steps to settle the matter and has thereby satisfied the complaint. The Ombudsman therefore closes the case.
The President of the European Commission will also be informed of this decision.
Yours sincerely,
Jacob SÖDERMAN