Angry European Commissioners yesterday backed off taking legal action against the German Industry Commissioner, Mr Martin Bangemann, over his abrupt departure to the Spanish telecommunications giant, Telefonica.
Mr Bangemann, who insisted through his spokesman that he has done nothing wrong, yesterday gave a number of solemn undertakings to an informal meeting of the Commission called to consider his decision.
He insisted that as commissioner he had never spoken on Telefonica's behalf "in violation of the treaty", nor would he be involved in any way in relations between the company and the Commission. Mr Bangemann also pledged not to use sensitive information gained in the course of his duties.
On the basis of those undertakings, while expressing "surprise at the suddenness of the initiative", a later formal meeting of the Commission, not attended by Mr Bangemann, only went as far as noting his decision. The President, Mr Santer, transferred his portfolio to the Competition Commissioner, Mr Karel van Miert.
A Commission statement also promised a review of the future application of Article 213 of the treaty which requires commissioners to behave "with integrity and discretion" in accepting appointments after ceasing to hold office.
The article allows the Commission or the Council of Ministers to ask the European Court of Justice to rule on whether a former commissioner has been in breach of his obligations and if so to remove some or all of his pension entitlements. Yesterday advice from the legal service is understood to have suggested the treaty's requirement is not clear enough to sustain a case against Mr Bangemann. But there was little doubt that he has caused considerable anger among fellow commissioners, most notably Mr van Miert and the British Transport Commissioner, Mr Neil Kinnock.
The latter is understood to have told Mr Bangemann that his conduct was not up to the standard expected and to have urged the immediate introduction of a rule providing for a two-year cooling off period before ex-commissioners can take jobs in sectors for which they have had responsibility.
The Irish Commissioner, Mr Padraig Flynn, was not at yesterday's meeting.
A distinctly frosty letter to Mr Bangemann from the President of the Commission, Mr Santer, made clear that Mr Bangemann also had a treaty obligation not to take up his new post until his departure had been formally confirmed by the Council of Ministers.
