Luxembourg, 10/06/2002 (Agence Europe) - A "citizen" may be compensated for the injury caused to him/her due to negligence on the part of the European Ombudsman. Frank Lamberts will not, however, receive any of the two and a half million euro he was claiming from the person responsible for his trials and tribulations. The Ombudsman's liability with fault can only be committed in the case of flagrant and manifest misunderstanding of his obligations. This, Franck Lamberts could not prove, concludes the third Chamber of the European Court of First Instance presided by Luxembourg Judge Marc Jaeger.
Frank Lamberts had used the Ombudsman's services because he was displeased with the way the European Commission had managed his dossier when he entered a competition for the post of European official. It should be noted that it is extremely difficult to prove the fault lies with the Ombudsman, as it is also very difficult to prove the fault lies with the European Commission.
This ruling is the very first of its kind in so far as, in an order of 22 May 2000, the first decision-making chamber - presided by Bo Vesterdorf - had rejected the appeal made by the association of social canteens in the region of Venetia saying that the Ombudsman is not a Community institution, and cannot have action taken against him by an individual or association. The court action in question was that in which the Italian association challenged what it felt to be the refusal by the Ombudsman to examine its dossier.