The documents provide a robust foundation for COCOO’s claim against the EC, centered on its failure to supervise EU agencies, enabling procurement irregularities. The European Court of Auditors’ (ECA) Special Report 28/2023, cited in “EUBUDGET Case_ Search Link Application_.txt,” is the linchpin, documenting a decade of declining competition and ineffective oversight in the EU’s €2 trillion public procurement market. The report highlights decreased competition, with increased single-bidder tenders and direct awards, failure of the 2014 procurement directives to simplify procedures, inadequate monitoring tools, and data deficiencies, all pointing to a systemic supervisory failure. The SRB and ELA cases, with audited evidence of critical control deficiencies and irregular payments, serve as concrete examples of this failure, as noted in the SRB’s 2023 Annual Report (one critical and 17 high-priority audit findings) and the ELA’s 2023 Consolidated Annual Activity Report (3.8% irregular payments). The CPVO and EEA allegations, though less evidenced, align with the ECA’s identified patterns of contract splitting and lack of competition, reinforcing the systemic nature of the issue.
The “An Investigative Playbook” document provides methodologies to bolster the case through open-source intelligence (OSINT). It suggests using the EU Funding & Tenders Portal to trace EC-managed funds, Tenders Electronic Daily (TED) to verify procurement processes, and the EU Transparency Register to investigate lobbying that may influence funding decisions. These tools can uncover whether the EC’s oversight failures allowed conflicts of interest or non-competitive awards, supporting the Article 340 TFEU claim for non-contractual liability. The playbook’s emphasis on “stealth consolidation” suggests investigating whether dominant firms receiving EC funds engaged in unreported acquisitions, further distorting competition, which aligns with the ECA’s findings of declining market competition. The 2024 OLAF report, recommending €870 million in recoveries, and the EPPO’s €24.8 billion in estimated damages underscore the scale of fraud enabled by weak supervision, justifying the €25,000,000 claim.
The “vcmaEC.pdf” document, though heavily redacted, confirms COCOO’s formal notice to the EC for failure to act under Article 265 TFEU and damages under Article 340 TFEU, citing repeated audit findings. This supports requesting specific EC records, such as oversight reports and corrective actions, to evidence negligence. The playbook’s reference to the Greek agricultural subsidy fraud (€400 million fine) and Romanian IT fraud (€9.5 million) illustrates systemic oversight failures, as the EC failed to address national-level mismanagement, strengthening COCOO’s narrative.
### Supporting COCOO’s Role as Prospective Mediators
COCOO’s mediation role with the EC is less straightforward than with the ELA, as the EC lacks a specific mediation board like the ELA’s. However, the documents suggest leveraging the EC’s public consultation mechanisms and stakeholder engagement platforms. The “CIRCABC_PS-Stakeholder-Group.pdf” and playbook highlight the EC’s “Have Your Say” portal for policy feedback, which COCOO can use to propose mediation for procurement disputes. The playbook’s “Unsolicited Proposal (USP)” strategy recommends offering solutions to identified issues, positioning COCOO as a mediator to reform EC oversight. The 2024 ELA report’s success with mediation (12 of 13 actions successful) provides a precedent for COCOO to propose similar dispute resolution for EC-related issues, emphasizing its expertise in competition and procurement fairness.
### Joining the EC’s Mediation or Stakeholder Engagement
The EC does not have a formal mediation board like the ELA, but COCOO can engage through stakeholder platforms or direct outreach. The playbook suggests using the EU Transparency Register to identify EC officials involved in procurement policy and contacting them via the EC’s general inquiry email (info@ec.europa.eu) or specific DGs (e.g., DG BUDG at budget@ec.europa.eu). COCOO should propose a mediation framework for procurement disputes, referencing its role in the EUBUDGET CASE and the ECA’s findings. Joining the CIRCABC platform via governance@ela.europa.eu, as a model, suggests contacting the EC’s Secretariat-General (sg-webmaster@ec.europa.eu) to participate in stakeholder groups. Monitoring the “Have Your Say” portal for procurement-related consultations allows COCOO to submit mediation proposals.