ENTITLED TO A HOUSEHOLD ALLOWANCE , THAT WOULD CONSTITUTE DISCRIMINATION IN HIS FAVOUR AS AGAINST AN OFFICIAL WHO FULFILLED HIS LEGAL OBLIGATION TO MAINTAIN A RELATIVE BY PAYING A SUM OF MONEY AND ACCOMMODATING THAT RELATIVE IN AN APPROPRIATE ESTABLISHMENT .
18 HOWEVER , THE PURPOSE OF MAKING PROVISION IN THE STAFF REGULATIONS FOR GRANTING A HOUSEHOLD ALLOWANCE TO AN OFFICIAL WHO ' ' ACTUALLY ASSUMES FAMILY RESPONSIBILITIES ' ' WAS TO MAKE IT EASIER FOR OFFICIALS TO LIVE WITH THOSE MEMBERS OF THEIR FAMILIES , INCLUDING THOSE OTHER THAN SPOUSES OR CHILDREN , WHO WERE UNABLE TO MEET THEIR FINANCIAL NEEDS THEMSELVES . CASES IN WHICH AN OFFICIAL MEETS HEAVY EXPENDITURE BY REASON OF HIS LEGAL RESPONSIBILITY TO MAINTAIN A MEMBER OF HIS FAMILY ARE , ON THE OTHER HAND , COVERED BY ARTICLE 2 ( 4 ).
19 IT IS APPARENT FROM THE FOREGOING THAT ARTICLE 1 ( 2 ) ( C ) CONFERS CIRCUMSCRIBED POWERS UPON THE APPOINTING AUTHORITY AND THAT THE APPOINTING AUTHORITY IS REQUIRED TO TAKE A SPECIAL REASONED DECISION GRANTING THE HOUSEHOLD ALLOWANCE IF IT FINDS THAT THE CONDITIONS LAID DOWN IN THAT PROVISION ARE FULFILLED .
20 IN THIS CASE , IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT THAT , IN THE STATEMENT OF THE REASONS ON WHICH ITS REFUSAL OF THE APPLICANT ' S APPLICATION WAS BASED , THE ADMINISTRATION REFERRED ON THE ONE HAND TO THE PROHIBITION WHICH IN ITS VIEW EXISTED AGAINST ADOPTING IN ADDITION TO A DECISION TO TREAT A RELATIVE AS IF HE WERE A DEPENDENT CHILD A DECISION IN RESPECT OF THE SAME PERSON PURSUANT TO ARTICLE 1 ( 2 ) ( C ) AND , ON THE OTHER , TO CERTAIN RESOURCES OF THE APPLICANT ' S MOTHER . AS REGARDS THOSE RESOURCES , HOWEVER , IT HAS NOT BEEN CONTESTED THAT THEY ARE INSIGNIFICANT AND THAT THE APPLICANT BEARS THE MAJOR PART OF THE EXPENSES OF MAINTAINING HER MOTHER .
21 IT IS APPARENT FROM THE FOREGOING THAT THE STATEMENT OF REASONS ON WHICH THE CONTESTED DECISION IS BASED IS VITIATED BY AN ERROR OF LAW AND THAT CONSEQUENTLY THE DECISION MUST BE ANNULLED .
22 ARTICLE 176 OF THE TREATY REQUIRES THE DEFENDANT INSTITUTION TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE JUDGMENT OF THE COURT AND , TAKING INTO ACCOUNT THE INTERPRETATION OF ARTICLE 1 ( 2 ) ( C ) GIVEN ABOVE , TO REVIEW THE APPLICANT ' S SITUATION WITH REGARD TO THE CONDITIONS LAID DOWN BY THAT PROVISION , ON THE BASIS OF THE SUPPORTING DOCUMENTS PRODUCED BY THE APPLICANT .
Decision on costs
COSTS
23 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE COUNCIL HAS BEEN UNSUCCESSFUL IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
1 . ANNULS THE