Sygn. akt C-40/79
EUR-Lex - 61979O0040 - EN
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
Parties
Grounds
Operative part
IN CASE 40/79
MRS P .
V
COMMISSION OF THE EUROPEAN COMMUNITIES ,
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 ).
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY ORDERS AS FOLLOWS :
. 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 .
. A COPY OF ALL THE PROCEDURAL DOCUMENTS IN THE CASE SHALL BE SERVED ON THE INTERVENER BY THE REGISTRAR .
. A PERIOD SHALL BE PRESCRIBED WITHIN WHICH THE INTERVENER IS TO STATE IN WRITING THE GROUNDS FOR HER SUBMISSIONS .
. COSTS ARE RESERVED .
