ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
4 September 2009 (1)
(Intervention)
In Case T-82/09,
Gert-Jan Dennekamp,
applicant,
v
European Parliament,
defendant,
1 By document lodged at the Registry of the Court of First Instance on 19 May 2009, the European Data Protection Supervisor applied for leave to intervene in the present proceedings in support of the form of order sought by the applicant.
2 The application to intervene was notified to the parties pursuant to Article 116(1) of the Rules of Procedure of the Court of First Instance. The parties have not raised any objections.
3 In accordance with Article 47(1)(i) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001 L 8, p. 1), the European Data Protection Supervisor may intervene in actions brought before the Court of Justice of the European Communities.
4 Article 47(1)(i) of Regulation No 45/2001 must be interpreted as conferring on the European Data Protection Supervisor the right to intervene in actions pending before the Community Courts provided that the intervention falls within the scope of the tasks conferred on it (see, to that effect, orders of the Court of Justice in Case C‑317/04 Parliament v Council [2005] ECR I‑2457, paragraph 16, and Case C‑318/04 Parliament v Commission [2005] ECR I‑2467, paragraph 16).
5 In accordance with the first and second subparagraphs of Article 41(2) of Regulation No 45/2001, the European Data Protection Supervisor is, with respect to the processing of personal data, responsible for ensuring that the fundamental rights and freedoms of natural persons, and in particular their right to privacy, are respected by the Community institutions and bodies. The European Data Protection Supervisor is also responsible for monitoring and ensuring the application of the provisions of Regulation No 45/2001 and any other Community act relating to the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data by a Community institution or body, and for advising Community institutions and bodies and data subjects on all matters concerning the processing of personal data.
6 In support of its application, the European Data Protection Supervisor submits that since the current case deals with the interpretation and application of Article 4(1)(b) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43) and raises significant issues as to the proper balance between public access and data protection, the intervention falls within the scope of the tasks conferred on it.
7 Since the European Data Protection Supervisor has thus established that its intervention falls within the scope of the tasks conferred on it and since the application to intervene has been made in accordance with Article 115 of the Rules of Procedure, the European Data Protection Supervisor should therefore be given leave to intervene in the case pursuant to Article 47(1)(i) of Regulation No 45/2001.
8 The notice in the Official Journal of the European Union referred to in Article 24(6) of the Rules of Procedure having been published on 1 May 2009, the application to intervene was made within the period laid down in Article 115(1) of the Rules of Procedure and the provisions laid down in Article 116(2) to (4) thereof are therefore applicable.
On those grounds,
THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. The European Data Protection Supervisor is granted leave to intervene in Case T-82/09 in support of the form of order sought by the applicant.
2. A copy of all procedural documents shall be served by the Registrar on the intervener.
3. A period shall be prescribed for the intervener to set out in writing the pleas in law and arguments in support of the form of order which it seeks.
4. The costs are reserved.
Luxembourg, 4 September 2009.