IS NOT ENTITLED TO THAT ALLOWANCE .
15 MOREOVER , EVEN IF THE APPLICANT ' S POINT OF VIEW WERE TO BE ADOPTED , IT SHOULD BE OBSERVED THAT SHE HAS FAILED TO SHOW THAT SHE IS CONSIDERED IN GREAT BRITAIN AS A ' ' PATRIAL ' ' , WHEREAS UNDER THE DECLARATION MADE BY THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ON THE DEFINITION OF THE TERM ' ' NATIONALS ' ' ANNEXED TO THE FINAL ACT OF 22 JANUARY 1972 ON THE ACCESSION TO THE EUROPEAN COMMUNITIES OF THE NEW MEMBER STATES , THE TERM ' ' NATIONAL ' ' IS TO BE UNDERSTOOD , AS FAR AS THE UNITED KINGDOM IS CONCERNED , TO REFER ONLY TO PATRIALS AND TO GIBRALTARIANS .
16 THE APPLICANT FURTHER CLAIMS THAT WHEN AN OFFICIAL HAS DUAL NATIONALITY , THAT WHICH IS TO BE TAKEN INTO CONSIDERATION FOR THE GRANTING OF THE EXPATRIATION ALLOWANCE SHOULD BE THE NATIONALITY RELIED ON BY THE INSTITUTIONS FOR HER RECRUITMENT AND THE PROGRESS OF HER CAREER AND THAT IN THAT RESPECT SHE IS AND HAS ALWAYS BEEN CONSIDERED BY THOSE INSTITUTIONS AS BEING AN OFFICIAL OF BRITISH NATIONALITY .
17 THAT ARGUMENT CANNOT BE ACCEPTED . PAYMENT OF THE EXPATRIATION ALLOWANCE IS INDEPENDENT OF THE CONDITIONS IN WHICH THE CAREERS OF INDIVIDUAL OFFICIALS AND OTHER SERVANTS DEVELOP , FOR THOSE CONDITIONS MUST TAKE NO ACCOUNT OF CONSIDERATIONS BASED ON NATIONALITY .
INFRINGEMENT OF ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS
18 UNDER ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS , THE EXPATRIATION ALLOWANCE SHALL BE PAID ' ' TO OFFICIALS WHO ARE OR HAVE BEEN NATIONALS OF THE STATE IN WHOSE TERRITORY THE PLACE WHERE THEY ARE EMPLOYED IS SITUATED BUT WHO DURING THE TEN 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 ' ' .
19 THE APPLICANT HAS NOT ESTABLISHED THAT SHE HAS EVER FULFILLED THE FACTUAL CONDITIONS LAID DOWN BY THE PROVISIONS OF THE ABOVEMENTIONED SUBPARAGRAPH ( B ) FOR PAYMENT OF THE EXPATRIATION ALLOWANCE .
20 MOREOVER , THE INTERPRETATION OF THAT PROVISION PUT FORWARD BY HER , WHICH IS TO BE APPLIED TO HER AND ACCORDING TO WHICH A PERIOD OF EMPLOYMENT AND RESIDENCE IN BELGIUM PRIOR TO HER SECOND ENGAGEMENT IS TO BE TREATED AS A PERIOD OF RESIDENCE OUTSIDE BELGIUM ON THE GROUND THAT THE PREVIOUS RESIDENCE WAS FOR REASONS CONNECTED WITH HER EMPLOYMENT IN THE SERVICE OF THE COMMUNITIES GIVES A MEANING TO SUBPARAGRAPH ( B ) WHICH IS CONTRARY TO ITS EXPRESS TERMS AND IRRECONCILABLE WITH BOTH THE WORDING AND THE AIMS OF THAT PROVISION .
THE REQUEST THAT PAYMENT OF THE EXPATRIATION ALLOWANCE SHOULD BE TEMPORARILY CONTINUED OR THAT DAMAGES SHOULD BE AWARDED
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