On Friday an Intel spokesman confirmed receiving the report but declined to comment on its contents or about how it might affect the outcome of the case, if at all. "It's up to him to publish it," he said. "We don't know what he's going to put in and what he's going to take out."

The EU spokeswoman said Diamandouros' decision was sent to Intel in July and that a summary will be made public in mid-September.

The ombudsman's role is to try to resolve complaints about charges of misadministration at EU agencies. The ombudsman can make recommendations to resolve disputes but does not have the authority to change the outcome of cases.