WRITTEN QUESTION P-3125/02 by Giuseppe Di Lello Finuoli (GUE/NGL) to the Commission. Dismissal of Augusto Fichtner.
Date: 2002-10-25
Institutions: European Parliament, Provisional data
Subjects: European Commission, European official, administrative sanction, disciplinary proceedings, fraud against the EU, labour law, operation of the Institutions, regulations for civil servants, unfair dismissal

8.5.2003

EN

Official Journal of the European Union

C 110 E/169

(2003/C 110 E/188)

WRITTEN QUESTION P-3125/02

by Giuseppe Di Lello Finuoli (GUE/NGL) to the Commission

(25 October 2002)

Subject: Dismissal of Augusto Fichtner

Knowing that:

(cid:1) on 1 November 1999 the official Augusto Fichtner was dismissed from the Joint Research Centre in

Ispra (Italy) where he had been employed since 2 May 1967;

(cid:1) his dismissal was the result of a clash between him and his superiors, prompted by the fact that
Fichtner had alleged that contracts worth millions had been awarded to fictitious or non-existent
companies since 1981;

(cid:1) the official justification for the dismissal was that Fichtner was doing two jobs simultaneously, but he
had applied to work as an official receiver and had been duly authorised to do so by his superiors.
However, the document proving this was not considered valid by the committee set up to examine the
official’s case;

(cid:1) Fichtner’s staff reports, drawn up every two years, were always excellent, but were concealed and later
found in the archives in the office at Ispra after being replaced with other falsified reports supplied to
the examining commission.

(cid:1) in order to justify the dismissal a case was fabricated against Fichtner on the basis of false evidence

and contrary to the most basic rules governing privacy.

(cid:1) the commission had originally been set up to verify the accusations made by the official regarding the
work of a number of offices and managerial staff in the European Commission. During the initial
hearings Fichtner was warned that if his allegations proved to be unfounded he would be subject to
severe disciplinary measures, including dismissal and loss of his pension rights;

(cid:1) the file containing all the evidence was handed over to the then Commissioners Monti and Bonino and

the President Romano Prodi.

Can the Commission say what steps it intends to take to verify the serious allegations made by Augusto
Fichtner, which are supported by documentary evidence, and what action it will take if the accusations
which led to his dismissal prove to be unfounded?

Answer given by Mr Kinnock on behalf of the Commission

(6 December 2002)

Mr Fichtner was dismissed without loss of pension rights for what the Appointing Authority considered to
be serious infringements of Article 12(3) of the Staff Regulations, which prohibits outside activities without
prior authorisation.

The decision was taken after a full disciplinary procedure in which the Disciplinary Board, which is
independent, found the facts proven and recommended dismissal. Mr Fichtner appealed to the Court of
First Instance, which has recently held a public hearing. The Commission cannot, therefore, comment in
detail on the case since it is sub judice. The Commission notes, however, that the allegations made by the
Honourable Member were not advanced by Mr Fichtner in his application to the Court.