Strasbourg, 21 September 2005

Dear Mr R.,

On 9 February 2005, you made a complaint to the European Ombudsman, acting on behalf of the Association "Vittorio Bachelet". Your complaint concerned the non-payment by the Commission of the travel expenses incurred by the Association on the occasion of the visit to the Commission's premises in Brussels, on 1 December 2003. On 11 February and 8 March 2005, you sent me further documents to support your complaint.

On 11 March 2005, I forwarded the complaint to the President of the European Commission. On 5 July 2005, the Commission informed me that its opinion on your case would be delayed. The institution finally sent its opinion on 5 August 2005.

However, in the meantime, first in a message dated 26 June 2005, to which my services replied on 18 July 2005, and subsequently during a telephone conversation with my office on 2 August 2005, you explained that you considered the matter of your complaint to have been settled by the Commission.

I am writing to let you know the results of the inquiries that have been made.

THE COMPLAINT

According to the complainant, who complained on behalf of the Italian cultural association "Vittorio Bachelet" (the "Association"), the relevant facts were as follows:

On 1 December 2003, the Association paid a visit to the European Commission in Brussels, as part of the activity in the framework of a course on European Culture.

The participants in this trip were a group of students chosen among almost 200 classmates who had attended the course.

On the basis of the information given by the Commission's Representation in Rome, the participants should have paid the expenses for their own accommodation. However, the travel expenses were to be paid by the Commission. Following the suggestion of the Commission's Representation in Rome, which informed the complainant that the financing of travel expenses could not exceed EUR 200 per person, it had been decided to go to Brussels (from Bari, Italy) by coach.

On the basis of the instructions received from Ms C., official at the Commission's Representation in Rome, the Association sent the invoice of the trip, received from the travel agency, to the Commission in Brussels. After several weeks, the Association contacted the Commission's Representation and asked why the payment had not yet been made. According to the complainant, the Association first received holding replies and was then informed, by letter of 14 February 2004, that "[a]t the moment of the written request made by the Association for the organisation of a visit, the funds were not available. They became available afterwards. Due to unfortunate circumstances, the financial commitment concerning your travel expenses could not materialise. We apologise for the inconvenience caused […]" (translation made by the Ombudsman's services).

As a consequence of the Commission's behaviour, the President of the Association had to pay the travel expenses, amounting to EUR 5 500.

In his complaint, the complainant claimed that the Commission should take steps in order to solve the problem and to pay to the Association as promised the travel expenses, which amounted to EUR 5 500.

THE INQUIRY

The European Commission's opinion

In its opinion, the Commission stated that due to unfortunate circumstances, its Representation in Italy had not made the necessary arrangements, i.e., had not prepared in time a commitment for the sum (EUR 5 500) claimed by the complainant. As a result, the Commission had been unable, as verbally promised, to pay the relevant sum, in reimbursement of the travel expenses related to the Association's visit to the Commission's premises.

The Commission further stated that with a view to maintaining its good reputation and since its Representation in Italy had indicated that the institution would pay the travel expenses, an amount of EUR 5 500 had been allocated to reimburse the relevant travel expenses. The payment had been introduced in the SINCOM system on 22 June 2005 and the money had been paid accordingly to the Association through the complainant. The latter had been informed on 21 July 2005 by the Commission's Representation in Italy that the relevant payment had been made.

The complainant's message of 26 June and his telephone call of 2 August 2005

On 26 June 2005, the complainant sent an e-mail by which he informed the Ombudsman that a few days earlier the Commission had asked him to provide the competent services with information in view of the payment of the requested sum. The complainant thanked the Ombudsman for the inquiry that he had carried out, which had resulted in a positive conclusion of the case.

Furthermore, and again before the Commission's opinion had been forwarded to the Ombudsman, the complainant, in a telephone conversation with the Ombudsman's services on 2 August 2005, explained that he considered his case to have been settled by the European Commission. He further added that the fact that the Commission had still not sent its opinion to the Ombudsman was irrelevant in view of the positive outcome of the case and of the fact that the relevant amount had finally been paid.

THE DECISION

1 Reimbursement of travel expenses

1.1 The Italian cultural Association "Vittorio Bachelet", on behalf of which the complainant complained to the Ombudsman, paid a visit to the Commission in Brussels on 1 December 2003. The Commission's Representation in Rome informed the Association that the Commission would reimburse the travel expenses. However, on 14 February 2005 the Representation informed the complainant that, due to unfortunate circumstances, the financial commitment concerning the relevant travel expenses could not materialise.

In his complaint, the complainant claimed that the Commission should take steps in order to solve the problem and to pay to the Association as promised the travel expenses, which amounted to EUR 5 500.

1.2 In its opinion which was received by the Ombudsman on 5 August 2005, the Commission stated that, due to unfortunate circumstances, its Representation in Italy had not made the necessary arrangement, i.e., had not prepared in time a commitment for the sum (EUR 5 500) claimed by the complainant. As a result, the Commission had been unable, as verbally promised, to pay the relevant sum, in reimbursement of the travel expenses related to the Association's visit to the Commission's premises.

The Commission further stated that with a view to maintaining its good reputation and since its Representation in Italy had indicated that the institution would pay the travel expenses, an amount of EUR 5 500 had been allocated to reimburse the relevant travel expenses. The payment had been introduced in the SINCOM system on 22 June 2005 and the money had been paid accordingly to the Association through the complainant. The latter had been informed on 21 July 2005 by the Commission's Representation in Italy that the relevant payment had been made.

1.3 The Ombudsman notes that, in a message sent on 26 June 2005 and in a subsequent telephone conversation with his services on 2 August 2005, the complainant explained that he considered his case to have been settled by the European Commission since the relevant amount had been finally paid.

The complainant thanked the EO for the inquiry that had been carried out and had resulted in a positive conclusion of the case. He further added that the fact that the Commission had still not sent its opinion to the Ombudsman was irrelevant in view of the positive outcome of the case.

1.4 In view of the above, the Ombudsman considers that the Commission appears to have taken adequate steps to settle the matter and has thereby satisfied the complainant.

2 Conclusion

It appears from the Commission’s comments and the complainant's observations that the Commission has taken steps to settle the matter and has thereby satisfied the complainant. The Ombudsman therefore closes the case.

A copy of the Commission's opinion received on 5 August 2005 is enclosed with this decision for the complainant's information.

The President of the Commission will also be informed of this decision.

Yours sincerely,

 

P. Nikiforos DIAMANDOUROS