Avis juridique important

61979O0040

European Court reports 1979 Page 03299

Parties

IN CASE 40/79

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 .