C-40/79
ECLI:EU:C:1979:231
- Súd
- Súdny dvor Európskej únie
- IČS
- 61979CO0040
- Zdroj
- eur-lex.europa.eu ↗
ORDER OF THE FIRST CHAMBER OF THE COURT OF 4 OCTOBER 19791
Mrs P.
v Commission of the European Communities Case 40/79
In Case 40/79
MRS P. v
Commission of the European Communities,
THE COURT (First Chamber)
composed, of: J. Mertens de Wilmars, President, A. O'Keeffe and T. Koopmans, Judges,
Advocate General: J.-P. Warner Registrar: A. Van Houtte
makes the following
ORDER
Facts and Issues
By an application lodged on 27 July By a letter lodged on 24 August 1979 the 1979, Mrs C., née C., widow of C., Commission, the defendant in the main applied to be allowed to intervene in action, declared that it had no objection Case 40/79 in support of the submissions to the application for intervention. of the defendant in the main action on the ground that she has the capacity and In her observations lodged on 28 interest to intervene in the case September 1979, Mrs P., the applicant in according to the procedure laid down by the main proceedings, and "tutrice" Article 93 of the Rules of Procedure as [guardian] of the minor children the "subrogéetutrice" [supervising submitted that the application to guardian] of Christina and Renato C, intervene was inadmissible on the ground that she has the actual custody of that the applicant for intervention did Christina C, and that she has in addition not have an interest in the result of the a moral interest in ensuring that the case within the meaning of Article 37 of applicant in the main action is not the Protocol on the Statute of the Court recognized as the widow of her son. of Justice of the EEC.
1 — Language of the Case: French.
ORDER OF 4. 10. 1979 — CASE 40/79
Decision
The application of Mrs C., nee C., the widow of C., to intervene is inadmissible to the extent to which she claims a moral interest of her own since the judgment to be delivered cannot have the effect of deciding a question regarding status of persons. However, the application to intervene is admissible in so far as it is lodged by the applicant to intervene in her capacity as supervising guardian of Christina and Renato C., the minor children of the late Manfredo C. In fact if the application made by the applicant in the main proceedings were granted the orphan's pension paid to Christina and Renato C. would, in accordance with the provisions of the third paragraph of Article 80 of the Staff Regulations of Officials, be reduced by half. Christina and Renato C. accordingly have an interest in the result of the case within the meaning of Article 37 of the Statute of the Court of Justice of the EEC and Article 93 (2) (d) of the Rules of Procedure and must be allowed to intervene, represented by their supervising guardian by reason of the fact that the applicant in the main proceedings is their "tutrice legale" [guardian designated by law].
On those grounds,
THE COURT (First Chamber) hereby orders as follows: 1. The application made by Mrs C., nee C., widow of C., is allowed only to the extent to which she acts as the supervising guardian of Christina and Renato C.
2. A copy of all the procedural documents in the case shall be served on the intervener by the Registrar. 3. A period shall be prescribed within which the intervener is to state in writing the grounds for her submissions. 4. Costs are reserved.
Luxembourg 4 October 1979.
A. Van Houtte J. Mertens de Wilmars Registrar President of the First Chamber