Keywords
Summary

Keywords

1 . OFFICIALS - EXPATRIATION ALLOWANCE - CONDITIONS OF PAYMENT - FAILURE TO EXERCISE THE OPTION OF RENOUNCING THE NATIONALITY , ACQUIRED BY MARRIAGE , OF THE MEMBER STATE IN WHICH THE OFFICIAL IS EMPLOYED - NO ENTITLEMENT TO THE ALLOWANCE - RETENTION OF THE NATIONALITY OF ORIGIN - NO RELEVANCE

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ) ( A ))

2 . OFFICIALS - EXPATRIATION ALLOWANCE - CONDITIONS OF PAYMENT - RESIDENCE OUTSIDE THE MEMBER STATE IN WHICH THE OFFICIAL IS EMPLOYED - CONCEPT - PRIOR RESIDENCE IN THAT STATE BY REASON OF A PREVIOUS TERM OF SERVICE WITH THE COMMUNITIES - EXCLUSION

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ) ( B ))

3 . NON-CONTRACTUAL LIABILITY - ACT FOR WHICH THE ADMINISTRATION IS LIABLE - CONCEPT - RECTIFICATION OF AN UNLAWFUL SITUATION - EXCLUSION

Summary

1 . AN OFFICIAL WHO IS ABLE TO RENOUNCE THE NATIONALITY ACQUIRED BY MARRIAGE OF THE MEMBER STATE IN WHICH SHE IS EMPLOYED BUT WHO CHOSE NOT TO EXERCISE THAT OPTION IS TO BE CONSIDERED AS BEING A NATIONAL OF THAT STATE WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( A ) OF ANNEX VII TO THE STAFF REGULATIONS , WHETHER OR NOT SHE RETAINS HER NATIONALITY OF ORIGIN . WHERE THE PERSON CONCERNED IS ABLE TO RENOUNCE THE NATIONALITY WHICH CAUSED HER TO LOSE THE BENEFIT OF THE EXPATRIATION ALLOWANCE , THERE IS NO REASON ASSOCIATED WITH THE PURPOSES FOR WHICH THAT ALLOWANCE WAS GRANTED FOR DISREGARDING THE FACT THAT , BY AN ACT OF HER OWN VOLITION SUBSEQUENT TO , BUT DISTINCT FROM THE MARRIAGE , THE OF- FICIAL DECIDED TO ASSUME THE NATIONAL- ITY OF THE PLACE IN WHICH SHE IS EM- PLOYED .

2 . ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS CANNOT BE INTERPRETED AS ALLOWING AN EARLIER PERIOD DURING WHICH THE OFFICIAL RESIDED IN THE MEMBER STATE IN WHICH THE OFFICIAL IS EMPLOYED BY REASON OF A PREVIOUS TERM OF SERVICE WITH THE COMMUNITIES TO BE TREATED AS A PERIOD OF RESIDENCE OUTSIDE THAT MEMBER STATE .

3 . AN ADMINISTRATIVE AUTHORITY WHICH REMEDIES AN UNLAWFUL SITUATION CANNOT BE CONSIDERED AS COMMITTING AN ACT WHICH IS WRONGFUL OR SUCH AS TO RENDER IT LIABLE .