Orders nº T-82/09 of Court of First Instance of the European Communities, September 04, 2009

• Resolution Date: September 04, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-82/09

(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)...