Atala Palmerini v Commission: ECJ 10 Oct 1989

ECJ The object of granting an expatriation allowance, which is independent of the fixing of the place of origin of the person concerned, is to compensate officials for the extra expense and inconvenience of taking up employment with the Communities and being thereby obliged to change their residence and move to the country of employment and to integrate themselves in their new environment . Furthermore, the concept of expatriation also depends on the personal position of an official, that is to say on the extent to which he is integrated in his new environment, which is demonstrated, for example, by habitual residence or by the main occupation pursued.
Consequently, the fact that an official was in the country of employment merely as a student during the first part of the reference period referred to in Article 4(1)(a) of Annex VII to the Staff Regulations is not sufficient to preclude his having habitually resided there, if, already being there at the start of that period, he has continued to reside there almost without interruption throughout, and even after the end of, that period.

Citations:

C-201/88, [1989] EUECJ C-201/88

Links:

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European

Updated: 23 May 2022; Ref: scu.134922