ENTERED THE SERVICE ON 1 NOVEMBER 1985, THE FIVE YEAR REFERENCE PERIOD RAN FROM 1 MAY 1980 TO 30 APRIL 1985 .
5 IN THE CONTESTED DECISIONS, THE EUROPEAN PARLIAMENT TOOK THE VIEW THAT MR MORABITO HAD "RESIDED AND/OR WORKED IN LUXEMBOURG" DURING THE REFERENCE PERIOD, WITH THE EXCEPTION OF THE LAST FOUR MONTHS OF THAT PERIOD, THAT IS TO SAY, FROM 2 JANUARY TO 30 APRIL 1985 . HOWEVER, IN ORDER TO BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF A RIGHT TO AN EXPATRIATION ALLOWANCE, THE ABSENCE, ACCORDING TO THE PARLIAMENT, MUST BE OF AT LEAST SIX MONTHS . THE TEMPORARY NATURE OF THAT ABSENCE AT THE BEGINNING OF 1985 IS CONFIRMED BY THE FACT THAT HE DID NOT MOVE HIS EFFECTS AND WAS NOT IN PAID EMPLOYMENT . IN THE DECISION REJECTING HIS COMPLAINT THE EUROPEAN PARLIAMENT STATED THAT "THE SHORT DURATION AND THE CIRCUMSTANCES" OF MR MORABITO' S ABSENCE FROM LUXEMBOURG TERRITORY DURING THE REFERENCE PERIOD DID NOT ALTER THE FACT THAT HE "HABITUALLY RESIDED IN THE CITY OF LUXEMBOURG ".
6 THE APPLICANT BASES HIS ACTION ON THE FOLLOWING FACTS . AN ITALIAN NATIONAL AND A BACHELOR, HE TOOK UP RESIDENCE IN THE GRAND DUCHY OF LUXEMBOURG IN 1975 . HE WAS EMPLOYED IN A HOTEL IN THE CITY OF LUXEMBOURG, WHERE HE RESIDED UNTIL 1983, AT WHICH TIME HE BEGAN TO SHARE A BED-SITTING ROOM WITH A FRIEND . IN 1979, HE TOOK PART IN A COMPETITION ORGANIZED BY THE EUROPEAN PARLIAMENT FOR THE PURPOSE OF RECRUITING SKILLED EMPLOYEES, FOLLOWING WHICH HIS NAME WAS PLACED ON THE RESERVE LIST FOR A POST IN THAT CAREER BRACKET . TOWARDS THE END OF DECEMBER 1984, WHEN HIS MOTHER, WHO RESIDED IN REGGIO CALABRIA, ITALY, BECAME SERIOUSLY ILL, THE APPLICANT LEFT HIS EMPLOYMENT IN THE HOTEL IN WHICH HE HAD WORKED IN ORDER TO GO TO ITALY TO ASSIST HIS MOTHER . HE INFORMED THE MUNICIPAL AUTHORITIES AND THE SOCIAL SECURITY INSTITUTION OF HIS DEPARTURE . HE THEN LIVED WITH HIS MOTHER IN REGGIO CALABRIA BUT WAS UNABLE TO FIND EMPLOYMENT THERE . IN THOSE CIRCUMSTANCES, HE MADE ENQUIRIES IN JUNE 1985 AT THE EUROPEAN PARLIAMENT AS TO THE POSSIBILITIES OF FINDING EMPLOYMENT ON THE BASIS OF THE COMPETITION IN WHICH HE HAD TAKEN PART . IN OCTOBER 1985, HE WAS OFFERED THE POST OF MESSENGER WHICH HE CURRENTLY OCCUPIES . AFTER TAKING UP HIS DUTIES ON 1 NOVEMBER 1985, HE INFORMED THE MUNICIPAL AUTHORITIES OF HIS RETURN . UNTIL HE FOUND SUITABLE ACCOMMODATION IN LUXEMBOURG, HE ONCE AGAIN OCCUPIED THE BED-SITTING ROOM WHICH HE HAD SHARED WITH A FRIEND BEFORE HIS DEPARTURE FOR ITALY . HE MOVED INTO A FLAT IN 1986 AND BOUGHT FURNITURE IN LUXEMBOURG AT THAT TIME .
7 AT THE REQUEST OF THE COURT, THE APPLICANT PROVIDED ADDITIONAL INFORMATION, WITH SUPPORTING DOCUMENTS, WHICH CONFIRMS HIS STATEMENTS OF FACT . THE FACTS HE ALLEGES MUST THEREFORE BE REGARDED AS PROVED FOR THE PURPOSES OF THESE PROCEEDINGS .
8 THE APPLICANT CLAIMS THAT THE