F-5/11

ORDER OF THE PRESIDENT OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL May 2011 (*) (Civil Service – Interim proceedings – Joinder) In Case F‑5/11 R, APPLICATION under Articles 278 TFEU and 157 EA, and Article 279 TFEU, applicable to the EAEC Treaty by virtue of Article 106a thereof, Peter Mariën, a member of the contract staff of the European Commission, residing in Kabul (Afghanistan), represented by B. Theeuwes and F. Pons, lawyers, applicant, v European Commission, represented by G. Berscheid and B. Eggers, acting as Agents, defendant, and in Case F‑15/11 R, APPLICATION under Articles 278 TFEU and 157 EA, and Article 279 TFEU, applicable to the EAEC Treaty by virtue of Article 106a thereof, Peter Mariën, a member of the contract staff of the European Commission, residing in Kabul (Afghanistan), represented by B. Theeuwes and F. Pons, lawyers, applicant, v European External Action Service (EEAS), represented by H. Cameron and G.‑J. van Hegelsom, acting as Agents, defendant, THE PRESIDENT OF THE CIVIL SERVICE TRIBUNAL makes the following Order 1        By application against the European Commission, received at the Registry of the Tribunal by email on 21 January 2011 (the original being lodged on 31 January 2011) and registered as Case F‑5/11 R, Mr Mariën seeks, inter alia, suspension of the decision of 11 January 2011 by which the Head of the European Union Delegation in Kabul (Afghanistan) asked him to move from the hotel in which he was staying temporarily and into the secure compound recently built for Delegation staff. 2        By application against the European External Action Service (EEAS), received at the Registry of the Tribunal on 18 February 2011 by email (the original being lodged on 24 February 2011) and registered as Case F‑15/11 R, Mr Mariën submits the same claims as those submitted in the application for interim relief registered as Case F‑5/11 R. 3        By letters of 14 April 2011, the President of the Tribunal invited the parties to submit their observations on the joinder of Cases F‑5/11 R and F‑15/11 R for the purposes of the interim order. 4        By letter of 29 April 2011, the applicant informed the President of the Tribunal that he had no objection to Cases F‑5/11 R and F‑15/11 R being joined. The Commission, however, by letter of 29 April 2011, raised an objection to the joinder, on the ground that the action in the main proceedings is manifestly inadmissible, in so far as it should have been brought against the EEAS and not against the Commission. The EEAS has not submitted any observations on the joinder envisaged by the President of the Tribunal. 5        In view of the connection between Cases F‑5/11 R and F‑15/11 R, it is appropriate that they be joined for the purposes of the interim order, on the basis of Article 46(1) of the Rules of Procedure. On those grounds, THE PRESIDENT OF THE CIVIL SERVICE TRIBUNAL hereby orders: Cases F‑5/11 R Mariën v Commission and F‑15/11 R Mariën v EEAS are joined for the purposes of the interim order. Luxembourg, 24 May 2011. W. Hakenberg          P. Mahoney Registrar         President * Langue de procédure: l’anglais.