FROM BRUSSELS TO LUXEMBOURG, HE RECEIVED A DAILY ALLOWANCE FOR THE MAXIMUM PERIOD PROVIDED FOR IN THE STAFF REGULATIONS, NAMELY 10 MONTHS .
11 IN VIEW OF THOSE CIRCUMSTANCES, THE APPLICANT' S CLAIM TO BE PAID A DAILY SUBSISTENCE ALLOWANCE FOR A SECOND TIME IS WITHOUT ANY JUSTIFICATION . SINCE HE MAINTAINED HIS RESIDENCE AT BRUSSELS, HE DID NOT HAVE TO CHANGE HIS RESIDENCE AS A RESULT OF HIS TRANSFER TO THAT PLACE OF EMPLOYMENT; INDEED, IT IS PHYSICALLY IMPOSSIBLE FOR HIM TO REMOVE TO THAT CITY . THE VERY WORDING OF ARTICLE 20 OF THE STAFF REGULATIONS SHOULD THEREFORE HAVE BEEN SUFFICIENT TO TELL HIM THAT HIS SITUATION WAS COMPLETELY OUTSIDE THE SCOPE OF THAT PROVISION .
12 MOREOVER, HIS CLAIM IS ALSO UNJUSTIFIED HAVING REGARD TO THE AIM OF THE DAILY SUBSISTENCE ALLOWANCE . THE APPLICANT HAS NOT BEEN ABLE TO INDICATE TO WHAT EXPENSE OR INCONVENIENCE HE WAS PUT BY REASON OF HIS TRANSFER TO BRUSSELS, WHICH HE HIMSELF SOUGHT IN ORDER TO MAINTAIN HIS HOME IN THAT CITY .
13 THE APPLICANT' S CLAIM FOR THE PAYMENT OF A DAILY SUBSISTENCE ALLOWANCE IS THEREFORE MANIFESTLY UNFOUNDED .
14 SINCE BOTH CLAIMS MUST BE DISMISSED AS UNFOUNDED, IT IS UNNECESSARY FOR THE COURT TO CONSIDER THE QUESTIONS OF ADMISSIBILITY RAISED BY THE PARLIAMENT .
Decision on costs
COSTS
15 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS . HOWEVER, UNDER ARTICLE 70 OF THE RULES OF PROCEDURE, THE INSTITUTIONS MUST BEAR THEIR OWN COSTS IN PROCEEDINGS COMMENCED BY EMPLOYEES OF THE COMMUNITIES . SINCE THE EUROPEAN PARLIAMENT EXPRESSLY ASKED THAT ARTICLE 70 SHOULD BE APPLIED, THERE IS NO NEED TO CONSIDER WHETHER, PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 69 ( 3 ), THE COURT SHOULD NEVERTHELESS ORDER THE APPLICANT TO PAY PART OF THE COSTS INCURRED BY THE PARLIAMENT .
Operative part
On those grounds,
THE COURT ( Second Chamber )
hereby :
( 1 ) Dismisses the application;
( 2 ) Orders the parties to pay their own costs .