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Document 61973CJ0148

Summary of the Judgment

Keywords
Summary

Keywords

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1 . ACTS OF AN INSTITUTION - INTERNAL DIRECTIVE - BINDING NATURE

2 . OFFICIALS - REIMBURSEMENT OF EXPENSES - DAILY SUBSISTENCE ALLOWANCE - CONDITIONS OF GRANT

( STAFF REGULATIONS, ANNEX VII, ARTICLE 10 )

Summary

1 . ALTHOUGH AN INTERNAL DIRECTIVE HAS NOT THE CHARACTER OF A RULE OF LAW WHICH THE ADMINISTRATION IS BOUND TO OBSERVE, IT NEVERTHELESS SETS FORTH A RULE OF CONDUCT INDICATING THE PRACTICE TO BE FOLLOWED, FROM WHICH THE ADMINISTRATION MAY NOT DEPART WITHOUT GIVING REASONS WHICH HAVE LED IT TO DO SO, SINCE OTHERWISE THE PRINCIPLES OF EQUALITY OF TREATMENT WOULD BE INFRINGED .

2 . DAILY SUBSISTENCE ALLOWANCE IS DUE TO AN OFFICIAL WHO, TO COMPLY WITH THE OBLIGATION TO RESIDE IN THE PLACE WHERE HE IS EMPLOYED, MUST REMOVE TO A RESIDENCE OTHER THAN THAT WHICH HE OCCUPIED PREVIOUSLY, WITHOUT HOWEVER BEING ABLE TO GIVE UP THIS LATTER .

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