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The complainant sought public access to the full list of projects funded by the EU that fall within the framework of the National Sanitation Program in Morocco (‘the program’).

The European Commission provided some information and documents concerning the EU’s financial contribution to the program. However, the Commission said that it did not hold the list requested by the complainant.

The Ombudsman inquired into the issue and confirmed that the Commission did not hold the list of projects. Since the right of public access to documents applies only to documents in the possession of the institution, the Ombudsman closed the inquiry finding no maladministration by the Commission.

The case concerned Frontex’s refusal to provide public access to documents concerning expenses incurred for the years 2016-19 in relation to its annual 'European Border and Coast Guard Day'. Frontex granted the complainant only very limited access, redacting most of the content of the documents. In doing so, Frontex invoked an exception under the EU's rules on public access to documents, arguing that disclosure could undermine the commercial interests of Frontex and of the company involved in organising the events.

After an inspection of the documents at issue, the Ombudsman found that, while full disclosure was not possible under the EU public access rules, there was an overriding public interest in providing greater access to the documents. She therefore proposed to Frontex to release data on certain aspects of the events in question, namely, on the amounts spent on food and entertainment. Frontex reconsidered its position and disclosed the information requested.

The Ombudsman welcomed Frontex’s decision to accept her proposal for a solution. She closed the inquiry, reiterating that it is a matter of public trust for EU citizens to be able to question and hold the EU institutions to account in relation to the use of public funds.