ARE EMPLOYED IS SITUATED BUT WHO DURING THE 10 YEARS ENDING AT THE DATE OF THEIR ENTERING THE SERVICE HABITUALLY RESIDED OUTSIDE THE EUROPEAN TERRITORY OF THAT STATE FOR REASONS OTHER THAN THE PERFORMANCE OF DUTIES IN THE SERVICE OF A STATE OR OF AN INTERNATIONAL ORGANIZATION ' .
3 MR RICHTER WAS BORN IN 1953 IN LUXEMBOURG , WHERE HE LIVED UNTIL 15 OCTOBER 1973 . FROM 15 OCTOBER 1973 UNTIL 1 OCTOBER 1977 HE RESIDED IN STRASBOURG FOR THE PURPOSES OF HIS STUDIES . FROM 4 OCTOBER 1977 UNTIL 1 MAY 1984 HIS NAME WAS ENTERED WITHOUT INTERRUPTION IN THE POPULATION REGISTER OF GERMERSHEIM IN THE FEDERAL REPUBLIC OF GERMANY . DURING THE PERIOD FROM OCTOBER 1977 UNTIL MARCH 1981 THE APPLICANT STUDIED LANGUAGES AT THE UNIVERSITY OF MAINZ . BETWEEN SEPTEMBER 1978 AND APRIL 1983 HE WORKED AS A FREELANCE TRANSLATOR AT GERMERSHEIM AND BETWEEN SEPTEMBER 1981 AND FEBRUARY 1982 HE WAS ALSO A TRAINEE WITH THE TERMINOLOGY DIVISION OF THE COMMISSION IN LUXEMBOURG AND , BETWEEN MARCH 1982 AND APRIL 1983 HE WAS A FREELANCE TRANSLATOR FOR THE COMMISSION IN LUXEMBOURG . ON HIS APPLICATION FORM FOR A POST WITH THE COMMISSION IN LUXEMBOURG , HE STATED THAT BOTH HIS PERMANENT ADDRESS AND HIS ADDRESS FOR CORRESPONDENCE WERE IN LUXEMBOURG . HIS JUDICIAL RECORD , INCLUDED IN HIS PERSONNEL FILE AND DATED 31 MARCH 1983 , REFERS TO HIM AS ' LIVING IN LUXEMBOURG ' .
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED DESCRIPTION OF THE FACTS OF THE CASE AND FOR THE ARGUMENTS OF THE PARTIES .
5 THE APPLICANT SUBMITS THAT THE COMMISSION INFRINGED ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS BY NOT GRANTING HIM AN EXPATRIATION ALLOWANCE .
6 THAT SUBMISSION CANNOT BE ACCEPTED . THE COURT HAS REPEATEDLY HELD THAT 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 ( SEE JUDGMENT OF 2 MAY 1985 IN CASE 246/83 DE ANGELIS V COMMISSION ( 1985 ) ECR 1253 ). FURTHERMORE , THE CONCEPT OF EXPATRIATION ALSO 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 .
7 IN THIS CASE , IT