This document is an excerpt from the EUR-Lex website
Document 61985CJ0330
Sumarul hotărârii
Sumarul hotărârii
OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - PURPOSE - CONCEPT OF EXPATRIATION - OFFICIALS HAVING THE NATIONALITY OF THE MEMBER STATE IN WHICH THEY ARE EMPLOYED
( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ))
THE OBJECT OF THE EXPATRIATION ALLOWANCE 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 .
THE CONCEPT OF EXPATRIATION DEPENDS ON THE PERSONAL SITUATION OF AN OFFICIAL , NOTABLY WHETHER , ALTHOUGH HE IS A NATIONAL OF THE MEMBER STATE OF THE PLACE OF HIS EMPLOYMENT , HE HAS ACTUALLY BROKEN HIS SOCIAL AND PROFESSIONAL TIES WITH THAT STATE BY MOVING COMPLETELY AND ON A LONG-TERM BASIS HIS HABITUAL RESIDENCE OUTSIDE THE EUROPEAN TERRITORY OF THAT STATE . THE EXCEPTION PROVIDED FOR IN ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS COVERS ONLY PERSONS WHO HAD TO MOVE THEIR PERMANENT CENTRE OF INTERESTS OUTSIDE THE STATE WHERE THEY ARE EMPLOYED BY THE COMMUNITY AND CAN THEREFORE BE REGARDED AS NO LONGER HAVING PERMANENT LINKS WITH THAT STATE .