CURRENCY OF THE MEMBER STATE OF WHICH EITHER HIS OWN DOMICILE OR THE PLACE OF RESIDENCE OF A DEPENDENT RELATIVE IS LOCATED .
17 SECONDLY , THE COURT MUST TAKE FORMAL NOTICE OF THE STATEMENTS MADE DURING THE PROCEEDINGS BEFORE THE COURT BY THE BELGIAN GOVERNMENT , INTERVENING IN SUPPORT OF THE COMMISSION . IT IS CLEAR FROM THOSE STATEMENTS THAT THE OBLIGATION TO SELL FOREIGN CURRENCY TO AN APPROVED BANK DOES NOT APPLY AT ALL TO THE PART OF EMOLUMENTS TRANSFERRED THROUGH THE INSTITUTION PURSUANT TO THE AFOREMENTIONED ARTICLE 17 AND THAT THE RIGHT TO PURCHASE FOREIGN CURRENCY ON THE REGULATED MARKET EXTENDS TO ALL MEANS OF PAYMENT , NEEDED TO COVER AN OFFICIAL ' S EXPENDITURE OUTSIDE THE TERRITORY OF THE BELGO-LUXEMBOURG ECONOMIC UNION , INCLUDING GIFTS .
18 IT MUST THEREFORE BE HELD THAT , BY THE MEASURES ADOPTED ON 1 JUNE 1982 , THE BELGIAN AND LUXEMBOURG MONETARY AUTHORITIES , ACTING IN ACCORDANCE WITH THE SPIRIT OF THE PROTOCOL ON PRIVILEGES AND IMMUNITIES , FULLY RESTORED THE POSSIBILITY FOR OFFICIALS OF OTHER THAN BELGIAN OR LUXEMBOURG NATIONALITY TO PURCHASE ON THE REGULATED MARKET ALL THE FOREIGN CURRENCY NEEDED TO COVER THEIR EXPENDITURE OUTSIDE THE TERRITORY OF THE BELGO-LUXEMBOURG ECONOMIC UNION , ON THE SOLE CONDITION THAT THEY ABSTAIN FROM ALL CURRENCY TRANSACTIONS DESIGNED TO INCREASE THE VALUE IN BELGIAN OR LUXEMBOURG FRANCS OF MEANS OF PAYMENT INTENDED TO COVER THEIR EXPENDITURE WITHIN THE TERRITORY OF THE BELGO-LUXEMBOURG ECONOMIC UNION AND THAT THEY BE SUBJECT TO THE CONTROL OF THE MONETARY AUTHORITIES IN THAT REGARD . IT IS BY NO MEANS POSSIBLE FOR THAT CONDITION TO AFFECT OFFICIALS IN SUCH A WAY THAT THE INTERESTS OF THE COMMUNITIES ARE HARMED .
19 IN THOSE CIRCUMSTANCES , IT CANNOT BE MAINTAINED THAT THE COMMISSION HAS FAILED IN ITS DUTY TO ASSIST ITS OFFICIALS BY NOT OBJECTING TO THE MEASURES ADOPTED BY THE EXCHANGE INSTITUTE ON 1 JUNE 1982 . THE APPLICATION MUST , THEREFORE , BE DISMISSED .
Decision on costs
COSTS
20 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , UNDER ARTICLE 70 OF THE RULES OF PROCEDURE , COMMUNITY INSTITUTIONS ARE TO BEAR THEIR OWN COSTS IN PROCEEDINGS BROUGHT BY SERVANTS OF THE COMMUNITIES . THE OFFICIALS LUIGI CASELLA , ENRICO OSIO , JAN ROBERT DE RIJK AND CORNELIA OUD , WHO INTERVENED IN SUPPORT OF THE APPLICANT , AND THE BELGIAN GOVERNMENT , WHICH INTERVENED IN SUPPORT OF THE COMMISSION , MUST BEAR THEIR OWN COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2.ORDERS THE PARTIES , INCLUDING THE INTERVENERS , TO BEAR THEIR OWN COSTS .