Language of document : ECLI:EU:F:2015:45

ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

30 April 2015 (*)

(Intervention — Divorced spouse of an official — Deduction from the pension of an official of the amount of maintenance due to a divorced spouse — Interest in intervening)

In Case F‑130/14,

ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,

Thomas Earlie, retired official of the European Parliament, residing in Seville (Spain), represented by D. Bergin, lawyer,

applicant,

v

European Parliament, represented by M. Dean and M. Ecker, acting as Agents,

defendant,

THE PRESIDENT OF THE THIRD CHAMBER OF THE TRIBUNAL

makes the following

Order

1        By application lodged at the Registry of the Tribunal on 4 November 2014 (the original being lodged on 10 November 2014), Mr Earlie sought the annulment of the decision of 6 December 2013 of the European Parliament giving notice of Modification No 13 of his pension rights and compensation for various losses he claims to have suffered.

2        By fax received by the Registry of the Tribunal on 16 March 2015 (the original being lodged on 19 March 2015), Mrs Earlie-Gibbons, the divorced wife of the applicant, sought leave to intervene in the present proceedings, seeking, essentially, the dismissal of the applicant’s application for annulment.

3        The application to intervene was lodged within the period of six weeks prescribed by Article 86(1) of the Rules of Procedure of the Tribunal. It was served on the main parties pursuant to Article 87(1) of those rules.

4        In reply, the applicant contested the application to intervene made by his ex-wife, on the ground that, in the event of a dispute, it was for Mrs Earlie-Gibbons to seek relief in the Irish Courts and not before the Tribunal. The Parliament, for its part, did not make any objection to the application to intervene. Moreover, the parties made no reference to any secret or confidential items of evidence or documents whose communication to the intervener would be liable to cause them damage.

5        Given that the applicant opposes the intervention of Mrs Earlie-Gibbons, it must be examined whether, in accordance with Article 86(2)(g) of the Rules of Procedure and the second paragraph of Article 40 of the Statute of the Court of Justice, Mrs Earlie Gibbons can establish an interest in the result of the case.

6        In that regard, as she states in her application to intervene, Mrs Earlie-Gibbons will be directly affected by the result of the case. In the present case, the Tribunal has to examine whether the Parliament could legitimately decide, having regard to an order of the Irish Courts of 22 February 2010, to continue to deduct the amount of the maintenance due to Mrs Earlie-Gibbons directly from the applicant’s pension and to pay that amount to her, despite the applicant’s instructions to the contrary.

7        Thus, the possible annulment of the Parliament’s decision would result in the termination of the direct payment by it of the maintenance to which Mrs Earlie-Gibbons is entitled, so that she has an interest in the result of the case brought before the Tribunal.

8        Consequently, the application by Mrs Earlie-Gibbons to intervene in support of the form of order sought by the Parliament in the present case must be granted.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER OF THE TRIBUNAL

hereby orders:

1.      Mrs Earlie-Gibbons is granted leave to intervene in Case F‑130/14, Earlie v Parliament, in support of the form of order sought by the Parliament.

2.      A copy of all the procedural and other documents and items of evidence annexed to them shall be served, by the Registrar, on the intervener.

3.      The intervener may submit a statement in intervention within the period laid down in Article 88(3) of the Rules of Procedure of the Tribunal.

4.      The costs are reserved.

Luxembourg, 30 April 2015.

W. Hakenberg

 

      S. Van Raepenbusch

Registrar

 

      President


* Language of the case: English.