Judgment No. 1150
THE COMPLAINT IS DISMISSED.
"In interpreting the term 'continuously resident' in Judgment 1099 [...] the Tribunal held that the condition turned on the existence of objective and factual links with the country and that the test was one of simple residence. The purpose of the rule is to grant an allowance to the official who has no affinity with the country of his duty station. To make that clear, Article 72(3) [of the Service Regulations of the EPO] further provides that the allowance may be paid to the staff member who, even though he is a national of the country in which he is serving, has been continuously resident for at least ten years in another country."
Organization rules reference: ARTICLES 72(1) and 72(3) OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 1099
case law; staff regulations and rules; duty station; residence; non-resident allowance