CELEX: 61979CO0040
Language: en
Date: 1979-10-04 00:00:00
Title: Order of the Court (First Chamber) of 4 October 1979. # Mrs P v Commission of the European Communities. # Case 40/79.

Avis juridique important

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61979O0040

Order of the Court (First Chamber) of 4 October 1979.  -  Mme P v Commission of the European Communities.  -  Case 40/79.  

European Court reports 1979 Page 03299

PartiesGroundsOperative part
Parties

IN CASE 40/79 MRS P .   V  COMMISSION OF THE EUROPEAN COMMUNITIES ,    

Grounds

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 ).    

Operative part

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 .