CELEX: 62014FA0130
Language: en
Date: 2016-07-19 00:00:00
Title: Case F-130/14: Judgment of the Civil Service Tribunal (Third Chamber) of 19 July 2016 — Earlie v Parliament (Civil service — Official — Former official — Sums deducted from his retirement pension — Maintenance payable to the ex-wife of the former official — Attachment order adopted by a national court — Attachment order discharged — New order requiring the former official to instruct the Parliament to pay the maintenance to his ex-wife — Instructions to that effect by the former official — Subsequent instructions from the former official to cease the payments to his ex-wife — Parliament’s refusal to execute the instructions — Family law — Exclusive jurisdiction of the national court — Duty of sincere cooperation)

3.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 364/29
            
         
      Judgment of the Civil Service Tribunal (Third Chamber) of 19 July 2016 — Earlie v Parliament
      (Case F-130/14) (1)
      
      ((Civil service - Official - Former official - Sums deducted from his retirement pension - Maintenance payable to the ex-wife of the former official - Attachment order adopted by a national court - Attachment order discharged - New order requiring the former official to instruct the Parliament to pay the maintenance to his ex-wife - Instructions to that effect by the former official - Subsequent instructions from the former official to cease the payments to his ex-wife - Parliament’s refusal to execute the instructions - Family law - Exclusive jurisdiction of the national court - Duty of sincere cooperation))
      (2016/C 364/33)
      Language of the case: English
      
         Parties
      
      
         Applicant: Thomas Earlie (Seville, Spain) (represented by: D. Bergin, solicitor)
      
         Defendant: European Parliament (represented by: M. Dean and M. Ecker, acting as Agents)
      
         Intervener in support of the defendant: Mary Earlie Gibbons (Dublin, Ireland) (H. Millar, solicitor)
      
         Re:
      
      Application for annulment of the decision to deduct from the applicant’s pension the amount of maintenance the applicant is obliged to pay to his former wife, that being a decision which, according to the applicant, infringes a judgment of a national court in divorce proceedings and an application for damages in respect of the material and non-material harm allegedly suffered.
      
         Operative part of the judgment
      
      The Tribunal:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Declares that Mr Earlie shall bear his own costs and orders him to pay the costs incurred by the European Parliament;
               
            
                  3.
               
               
                  Declares that Ms Earlie Gibbons shall bear her own costs.
               
            
         (1)  OJ C 34, 2.2.2015, p. 52.