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)

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:

Dismisses the action;

Declares that Mr Earlie shall bear his own costs and orders him to pay the costs incurred by the European Parliament;

Declares that Ms Earlie Gibbons shall bear her own costs.

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¹ OJ C 34, 2.2.2015, p. 52.