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Decision of the European Ombudsman on complaint 162/97/VK against the European Commission


Strasbourg, 21 October 1998

Dear Mr. W.,
On 18 February 1997, you made a complaint to the European Ombudsman against the European Commission. You alleged that the Commission had failed to reply to your letter of 27 December 1996.
On 30 June 1997, I forwarded the complaint to the President of the European Commission. The Commission sent its opinion on 25 September 1997 and I forwarded it to you with an invitation to make observations, if you so wished. I did not receive observations from you.
I am writing now to let you know the results of the inquiries that have been made. I apologize for the length of time it has taken to deal with your complaint.

THE COMPLAINT


The complainant had sent a letter to the General Secretariat of the Commission on 27 December 1996. The letter concerned an alleged circumvention of the public procurement directives in the new Länder of the Federal Republic of Germany. It appeared that the complainant had not received a reply from the Commission to his letter.
Against this background, the complainant lodged the complaint with the European Ombudsman. He put forward that the Commission should have replied to his letter.

THE INQUIRY


The Commission's opinion
In its opinion, the Commission has in substance stated that it replied to the complainant on 13 March 1997. In its letter, the Commission asked the complainant for more detailed information. Furthermore, a Commission official contacted the complainant by telephone on 20 June 1997. The Commission has stressed that its responsible services are currently examining the alleged infringement.

THE DECISION


It appears from the information given to the Ombudsman, that the Commission has replied to the complainant's letter and that it has also been in contact with the complainant by telephone.
Conclusion
The Ombudsman therefore considers that the Commission has taken steps to settle the matter. The Ombudsman has therefore decided to close the case.
Yours sincerely
Jacob Söderman
cc
Mr. Jacques Santer, President of the European Commission
Mr. Jean-Claude Eeckhout, Secretariat General of the European Commission