Annual report 2002 - EOI

DECISIONS FOLLOWING AN INQUIRY 73
3.2.2 The Court of
Justice of the
European
Communities
REIMBURSEMENT
OF TRAVEL
EXPENSES FOR
JOB APPLICANT
Decision on complaint
141/2002/JMA against
the Court of Justice of
the European
Communities
THE COMPLAINT
The complainant had applied for the post of Director of Translation at the Court in April
2001. Subsequently, he was invited for an interview in May 2001. An official from the
Court administration informed the complainant by telephone that all his travel expenses
from Lithuania, where he worked at the Delegation of the European Commission, would
be covered by the Court. At the end of May 2001, the complainant submitted a request to
the Court for the reimbursement of his expenses, which amounted to € 1,938.05.
At the end of August 2001, the complainant’s wife contacted the administrative services
of the Court and was told that the Director of the Personnel Department would be back
from holidays at the beginning of September and would then sign the payment authorisation.
In the absence of reply, the complainant sent several faxes and e-mails to the Court
requesting payment in October 2001. The Court acknowledged by email dated 8
November 2001 that a payment had been made. Soon after, the complainant received a
payment by bank transfer, which amounted to € 512.59.
Since the Court’s payment did not cover his entire travel expenses and there was an
outstanding amount of € 1,425.46, the complainant requested full payment by letter in
December 2001. He received no reply from the Court to that reminder.
In summary, the complainant alleged that the Court failed to respond to his numerous
enquiries and claimed full reimbursement of the travel expenses related to his application
for a job vacancy at the Court.
THE INQUIRY
The European Court of Justice’s opinion
In its opinion, the Court explained that the complainant had submitted a claim for reimbursement
for an amount of € 1,938.05, which exceeded the maximum permitted under the
Court’s Rules on the reimbursement of travel expenses incurred by candidates. The Court
pointed out that a copy of the rules is, in principle, sent to all candidates who are invited
for interviews. On the basis of the Rules, the Court paid the maximum amount allowed,
namely € 516.09.
Having re-examined the file, the Court’s Administration discovered that a copy of the
Rules might not have been sent to the complainant and sought an opinion from its Legal
Adviser in administrative matters as to whether it was possible in this case to pay the
outstanding amount.
On its Legal Adviser’s advice, the Court decided to transfer the outstanding sum to the
complainant. The transfer was made in July 2002. The Court also indicated that its
Director of Personnel and Finance had written to the complainant informing him of this
decision and expressing his apologies.
The complainant’s observations
The complainant confirmed that the European Court of Justice had paid the outstanding
amount. He expressed his gratitude to the Ombudsman for having brought the complaint
to a successful conclusion, and added that had it not been for the efforts carried out by the
Ombudsman, his rights could not have been realised.