Dispute over fees and charges (EU Ombudsman)

24.01.2010, Strasbourg. Summary of decision on complaint 1182/2009/(BU)JF against the European Aviation Safety Agency (EASA)

The complainant, a small light aircraft maintenance company, complained to the Ombudsman about the fee charged by EASA for carrying out works on its application for a minor safety modification on an aircraft.

The Ombudsman's inquiry revealed that, in light of the applicable legal provisions in force and the information available to the complainant, EASA was correct to charge the fee.

Nevertheless, during the inquiry it also became apparent that, when claiming the said fee from the complainant, EASA issued a formal warning that provided for the possibility of, among other things, cancelling the complainant's existing certificates.

The Ombudsman considered that, in the circumstances of the case, such a warning was disproportionate, abusive, and even potentially illegal. He therefore proposed a friendly solution that EASA should, among other things, apologise to the complainant for the statements made in the formal warning.

EASA apologised to the complainant and revised its formal warnings. It further informed the Ombudsman that it envisaged proposing changes to the applicable legislation.

The Ombudsman welcomed EASA's collaborative and constructive approach and closed the case.

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