IS CLEAR FROM THE APPLICANT ' S OWN STATEMENTS THAT HE DID NOT SEVER HIS LASTING LINKS WITH LUXEMBOURG . IN HIS APPLICATION FORM HE GAVE LUXEMBOURG BOTH AS HIS PERMANENT ADDRESS AND AS HIS ADDRESS FOR CORRESPONDENCE . MOREOVER , HE WORKED FOR 20 MONTHS BETWEEN SEPTEMBER 1981 AND APRIL 1983 AT THE COMMISSION IN LUXEMBOURG , INITIALLY AS A TRAINEE AND SUBSEQUENTLY AS A FREELANCE TRANSLATOR .
8 IN THOSE CIRCUMSTANCES THE FACT THAT THE APPLICANT STUDIED IN STRASBOURG FROM OCTOBER 1973 TO OCTOBER 1977 AND LIVED IN GERMANY FROM OCTOBER 1977 TO MAY 1984 IS NOT SUFFICIENT TO PROVE THAT HE HABITUALLY RESIDED OUTSIDE LUXEMBOURG DURING THE 10 YEARS PRECEDING THE DATE OF HIS ENTERING THE SERVICE OF THE COMMISSION . DURING THAT PERIOD HE NEVER ACTUALLY SEVERED HIS SOCIAL AND PROFESSIONAL TIES WITH LUXEMBOURG NOR DID HE MOVE HIS PERMANENT CENTRE OF INTERESTS OUTSIDE THAT STATE .
9 THE APPLICATION MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
10 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADINGS .
11 HOWEVER , UNDER ARTICLE 70 OF THE RULES OF PROCEDURE , IN PROCEEDINGS BROUGHT BY SERVANTS OF THE COMMUNITIES , INSTITUTIONS ARE TO BEAR THEIR OWN COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY : ( 1 ) DISMISSES THE APPLICATION ;
( 2 ) ORDERS EACH OF THE PARTIES TO BEAR ITS OWN COSTS .