Judgment No. 926
Decision
THE COMPLAINT IS DISMISSED.
Consideration 6
Extract:
"It is plain from the text [of Article 72 of the Service Regulations] that the allowance is to be refused to an employee who is a citizen of the country where he is stationed unless at the time of appointment he has been continuously resident in another country for at least ten years. That is indeed the purport of the English and French texts, which are clear: the terms 'résident' and 'résidaient' do not necessarily connote permanent or established residence. The English and French versions being explicit, the German is to be interpreted in a way that reconciles all three; and in its English and French versions 72[3] requires that a citizen of the Federal Republic serving at Munich shall be paid the allowance only if at the time of appointment he has been 'continuously resident for at least 10 years' outside the Federal Republic."
Reference(s)
Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS
Keywords
nationality; interpretation; language of rule; duty station; residence; non-resident allowance; difference
Consideration 8
Extract:
"The purpose of the [expatriation] allowance is [...] to meet the case where the employee has no affinity with the country of his duty station. Although the employee who is a citizen will ordinarily have such affinity, 72[3] [of the Service Regulations] recognises that residence abroad for at least ten years before appointment will break it. But it is only reasonable to require that the residence abroad be continuous because any interruption of it will restore the affinity."
Reference(s)
Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS
Keywords
staff regulations and rules; enforcement; duty station; residence; non-resident allowance; condition
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