IN THE FIRST PLACE FAILS TO RECOGNIZE THAT IN THE MEMBER STATE OF WHICH MR GARGANESE IS A NATIONAL MILITARY SERVICE FULFILS AN OBLIGATION PERTAINING TO A PERSON ' S VERY STATUS AS A NATIONAL . THE POSSIBILITY WHICH EXISTS IN CERTAIN CASES AND ON CERTAIN CONDITIONS OF OBTAINING EXEMPTION FROM MILITARY SERVICE IS NOT SUCH AS TO DETRACT FROM THE COMPULSORY NATURE OF SUCH SERVICE .
16 IT MUST ALSO BE EMPHASIZED THAT UNDER THE NATIONAL LAW OF THE MEMBER STATES IN WHICH MILITARY SERVICE IS COMPULSORY , THE PLACE WHERE SUCH SERVICE IS PERFORMED DOES NOT ALTER THE HABITUAL RESIDENCE OF THE CONSCRIPT .
17 FINALLY IT IS CLEAR FROM ARTICLE 42 OF THE STAFF REGULATIONS CONCERNING ' ' LEAVE FOR MILITARY SERVICE ' ' THAT AN OFFICIAL WHO IS CALLED UP FOR MILITARY SERVICE OR FOR RESERVE TRAINING OR RECALLED TO SERVE IN THE ARMED FORCES CONTINUES TO BENEFIT THROUGHOUT HIS ENTIRE PERIOD OF SERVICE FROM THE PROVISIONS CONCERNING HIS POSITION UNDER THE STAFF REGULATIONS AND HIS CAREER AND , IN CERTAIN CASES , EVEN RETAINS HIS RIGHT TO RECEIVE HIS SALARY SUBJECT TO DEDUCTION OF AN AMOUNT EQUAL TO HIS SERVICE PAY . IT FOLLOWS FROM THAT PROVISION THAT THE STAFF REGULATIONS THEMSELVES DO NOT ALLOW AN OFFICIAL , AS A RESULT OF HIS PERFORMING COMPULSORY MILITARY SERVICE , TO LOSE RIGHTS WHICH HE WOULD BE ABLE TO CLAIM IN THE ABSENCE OF SUCH SERVICE AND THEREBY PRECLUDE THE POSSIBILITY THAT THE DUTY TO PERFORM MILITARY SERVICE MAY PROVIDE A GROUND FOR UNEQUAL TREATMENT OF OFFICIALS DEPENDING ON WHETHER OR NOT THEY ARE REQUIRED TO PERFORM SUCH SERVICE OR ON WHETHER OR NOT THEY MAY BENEFIT FROM PROVISIONS EXEMPTING THEM FROM IT .
18 IN VIEW OF THOSE CONSIDERATIONS IT IS THEREFORE IMPOSSIBLE TO REGARD THE PERFORMANCE OF COMPULSORY MILITARY SERVICE AS A VALID REASON FOR INTERRUPTING THE PERIOD OF HABITUAL RESIDENCE REFERRED TO BY ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS . A PERSON COVERED BY THAT PROVISION WHO , BEFORE ENTERING THE SERVICE OF A COMMUNITY INSTITUTION , WAS OBLIGED TO LEAVE HIS HABITUAL RESIDENCE IN ORDER TO FULFIL HIS NATIONAL MILITARY DUTIES , IS ENTITLED TO HAVE THE PERIOD THUS SPENT IN THE ARMED FORCES TAKEN INTO ACCOUNT FOR THE PURPOSE OF ESTABLISHING HIS ENTITLEMENT TO THE EXPATRIATION ALLOWANCE PROVIDED FOR BY ARTICLE 69 OF THE STAFF REGULATIONS . FOR THOSE REASONS , THE APPLICATION MUST BE DECLARED WELL FOUNDED .
DEFAULT INTEREST
19 IN HIS APPLICATION THE APPLICANT HAS CLAIMED THAT THE COMMISSION SHOULD BE ORDERED TO PAY HIM DEFAULT INTEREST ON THE ARREARS OF EXPATRIATION ALLOWANCE . SINCE THE APPLICATION IS WELL FOUNDED , THAT CLAIM MUST BE UPHELD .
20 HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE , IT IS FAIR TO PLACE THE APPLICANT IN THE POSITION IN WHICH HE WOULD HAVE BEEN IF THE ALLOWANCE WHICH MUST NOW BE PAID TO HIM HAD BEEN PAID IN ACCORDANCE WITH THE