Europese Ombudsman bekritiseert Europese Commissie (en)

The European Ombudsman, P. Nikiforos Diamandouros , has criticised the European Commission for failing to honour its duty under the Treaty on European Union to cooperate with him sincerely and in good faith. The case concerns access to documents relating to CO₂ emissions from cars. Fifteen months have now passed since the Ombudsman issued a recommendation calling on the Commission to release three letters which the German car company, Porsche AG, had sent to former Commission Vice-President, Günter Verheugen. Although the Commission accepted the recommendation on 30 September 2009, it has so far failed to put it into effect.

The case originated with a complaint from the environmental NGO Friends of the Earth Europe, whose request for access to a number of documents on car emissions the Commission refused. The Ombudsman has now sent a Special Report about this case to the European Parliament, asking for its support in ensuring that the Commission cooperate sincerely with him in the future.

Mr Diamandouros commented: "The Commission's uncooperative attitude in this case is detrimental to the public image of the EU. It risks eroding citizens' trust in that institution and undermines the capacity of the Ombudsman and the Parliament adequately and effectively to supervise the Commission. As such, it runs counter to the fundamental principle of the rule of law on which the Union is founded."

Refusal of access to letters from Porsche to the Commission

In 2006, the Commission held consultations with key stakeholders concerning a proposal to reduce CO 2 emissions from passenger cars. In this context, former Commission Vice-President Verheugen received several letters from car manufacturers, including three from Porsche AG. In March 2007, Friends of the Earth Europe requested access to these letters. The Commission originally refused access, arguing that disclosure of the letters would undermine the protection of the company's commercial interests.

Following an inspection of the documents, the Ombudsman recommended giving access to the letters. The Commission asked for six extensions to the three-month deadline before finally accepting the recommendation. Although it informed the Ombudsman that it had decided to write to Porsche about its intention to disclose the documents, it has not yet done so. The Ombudsman has, therefore, sent a Special Report to the European Parliament, drawing its attention to the Commission's infringement of its duty under the Treaty to cooperate with him sincerely and in good faith. This is the first time since the institution's inception in 1995 that the Ombudsman has felt constrained to report to the European Parliament about lack of sincere cooperation on the part of an EU institution.

The Ombudsman's Special Report is available at:

http://www.ombudsman.europa.eu/cases/specialreport.faces/en/4639/html.bookmark

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