2 ) ( A ) AND ( B ) OF ANNEX VII MAY NOT EXCEED 35% OF NET MONTHLY REMUNERATION . ARTICLE 5 ESSENTIALLY REPEATS ARTICLE 17 ( 2 ) ( C ).
4 MR BRAUTIGAM , WHO IS OF NETHERLANDS NATIONALITY , CONCLUDED TWO 15 YEAR BUILDING LOAN AGREEMENTS IN 1978 AND 1979 IN ORDER TO PAY FOR THE ACQUISITION OF A BUILDING PLOT IN BELGIUM AND THE CONSTRUCTION OF A HOUSE THEREON . THE AGREEMENTS WERE CONCLUDED WITH A GERMAN BANK , COMMERZBANK AG , WHICH HAS ITS REGISTERED OFFICE IN DUSSELDORF AND A BRANCH IN BRUSSELS . THE LOANS AND THE PAYMENT OBLIGATIONS UNDER THEM WERE DENOMINATED IN GERMAN MARKS .
5 ON 12 JANUARY 1982 THE APPLICANT SUBMITTED A REQUEST TO THE COUNCIL ADMINISTRATION PURSUANT TO ARTICLE 17 ( 2 ) OF ANNEX VII TO HAVE A PART OF HIS EMOLUMENTS EXCEEDING THE AMOUNT OF HIS EXPATRIATION ALLOWANCE TRANSFERRED IN ORDER TO MEET HIS LOAN OBLIGATIONS UNDER THE MORTGAGE AGREEMENT . A SIMILAR REQUEST SUBMITTED IN OCTOBER 1979 HAD BEEN REJECTED ON THE GROUND THAT THE REQUESTED TRANSFER IN GERMAN MARKS DID NOT FALL WITHIN ANY OF THE CATEGORIES REFERRED TO IN ARTICLE 17 ( 2 ) ( A ). FOR THAT REASON , THE APPLICANT SPECIFIED IN A MEMORANDUM ACCOMPANYING HIS SECOND REQUEST THAT IT WAS BASED ON ARTICLE 17 ( 2 ) ( B ). BY A MEMORANDUM DATED 29 JANUARY 1982 THE COUNCIL ADMINISTRATION INFORMED HIM THAT IT WAS UNABLE TO ACCEDE TO HIS REQUEST BECAUSE THE MORTGAGE LOAN WHICH THE REQUESTED TRANSFERS WERE INTENDED TO REPAY HAD BEEN GRANTED TO HIM IN BELGIUM BY A BANK SUBSIDIARY ESTABLISHED IN BELGIUM IN RESPECT OF IMMOVABLE PROPERTY SITUATED IN BELGIUM , SO THAT THE REQUIREMENTS OF ARTICLE 17 ( 2 ) ( B ) WERE NOT FULFILLED .
6 ON 8 FEBRUARY 1982 THE APPLICANT SUBMITTED A COMPLAINT AGAINST THAT REFUSAL , ARGUING THAT THE REQUESTED TRANSFERS IN GERMAN MARKS REPRESENTED COMMITMENTS REGULARLY UNDERTAKEN OUTSIDE THE COUNTRY WHERE HE CARRIED OUT HIS DUTIES ; HIS CREDITOR WAS A COMPANY INCORPORATED UNDER GERMAN LAW HAVING ITS REGISTERED OFFICE IN GERMANY , THE COMMERZBANK BRANCH IN BRUSSELS BEING AN INTEGRAL PART OF THE GERMAN COMPANY WHICH DID NOT ACT ON ITS OWN ACCOUNT . SINCE THE TRANSFERS HE WAS REQUESTING WERE IDENTICAL TO OTHER TRANSFERS WHICH THE ADMINISTRATION MADE AS A MATTER OF COURSE TO THE BEAMTENHEIMSTATTENWERK ( GERMAN CIVIL SERVICE BUILDING SOCIETY ) ( HEREINAFTER REFERRED TO AS THE BHW ), THAT REFUSAL IN HIS VIEW CONSTITUTED DISCRIMINATION IN RELATION TO OFFICIALS WITH AUTHORIZATIONS TO PAY THEIR MORTGAGE INSTALMENTS TO THE BHW IN GERMAN MARKS UNDER ARTICLE 17 ( 2 ) ( B ).
7 BY DECISION NO 211/82 OF 23 MARCH 1982 THE SECRETARY-GENERAL OF THE COUNCIL AUTHORIZED THE APPLICANT IN VIEW OF WHOLLY EXCEPTIONAL CIRCUMSTANCES TO TRANSFER A PART OF HIS MONTHLY REMUNERATION FOR THE PERIOD FROM APRIL 1982 TO MARCH 1983 INCLUSIVE , WITH THE PROVISO THAT THE AUTHORIZATION WOULD CEASE TO