BEHALF MAKES IT NECESSARY TO EXAMINE THE SUBSTANCE OF THE CASE DIRECTLY .
SUBSTANCE
6 THE APPLICANT MAINTAINS THAT THE PROVISION IN QUESTION , WHICH REFERS SOLELY AND EXCLUSIVELY TO THE CRITERION OF NATIONALITY FOR GRANTING OR REFUSING THE FOREIGN RESIDENCE ALLOWANCE , IS A BREACH OF THE GENERAL PROHIBITION ON DISCRIMINATION ON GROUNDS OF NATIONALITY WHICH IS DERIVED FROM THE COMMUNITY LEGAL ORDER AND WHICH FINDS EXPRESSION , IN PARTICULAR , IN ARTICLE 7 OF THE EEC TREATY AND IN THE PROVISIONS OF THE STAFF REGULATIONS . THE CRITERION WHICH HAS BEEN ADOPTED FOR GRANTING THE FOREIGN RESIDENCE ALLOWANCE , IT IS ALLEGED , IS NOT AN OBJECTIVE ONE FROM TWO ASPECTS : ON THE ONE HAND , NATIONALITY DOES NOT CONSTITUTE AN OBJECTIVE BASIS FOR DIFFERENTIATION DIRECTLY RELATED TO THE PURPOSE OF THE RULES IN QUESTION , AND ON THE OTHER HAND THE SITUATION OF RECIPIENTS OF THE SAID ALLOWANCE IS NOT OBJECTIVELY DIFFERENT FROM THOSE WHO DO NOT RECEIVE IT . THAT ARGUMENT SHOWS THAT THE ALLEGED DISCRIMINATION DOES NOT LIE IN THE UNEQUAL TREATMENT OF RECIPIENTS OF THE EXPATRIATION ALLOWANCE AND RECIPIENTS OF THE FOREIGN RESIDENCE ALLOWANCE , BUT IN THE INEQUALITY BETWEEN THE LATTER CATEGORY OF OFFICIALS AND THE CATEGORY OF THOSE WHO DO NOT RECEIVE EITHER OF THE TWO ALLOWANCES .
7 ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT THE GENERAL PRINCIPLE OF EQUALITY , OF WHICH THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY IS MERELY A SPECIFIC EXPRESSION , IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE REQUIRES THAT COMPARABLE SITUATIONS SHOULD NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENTIATION IS OBJECTIVELY JUSTIFIED . CLEARLY IT REQUIRES THAT EMPLOYEES WHO ARE IN IDENTICAL SITUATIONS SHOULD BE GOVERNED BY THE SAME RULES , BUT IT DOES NOT PREVENT THE COMMUNITY LEGISLATURE FROM TAKING INTO ACCOUNT OBJECTIVE DIFFERENCES IN THE CONDITIONS OR SITUATIONS IN WHICH THOSE CONCERNED ARE PLACED .
8 IN ORDER TO TEST THE VALIDITY OF THE CONTESTED PROVISION IN REGULATION NO 912/78 IT IS THEREFORE NECESSARY TO CONSIDER WHETHER THE SITUATION OF OFFICIALS WHO ARE NOT AND HAVE NEVER BEEN NATIONALS OF THE STATE IN WHOSE TERRITORY THE PLACE WHERE THEY ARE EMPLOYED IS SITUATED HAS OBJECTIVE FEATURES WHICH JUSTIFY TREATMENT DIFFERENT FROM THAT OF OFFICIALS WHO ARE OR HAVE BEEN NATIONALS OF THAT STATE .
9 IT MUST THEREFORE BE ASCERTAINED WHETHER THE FEATURES OF THE SYSTEM INTRODUCED BY REGULATION NO 912/78 HAVE THE EFFECT OF RESTORING THE EQUALITY WHICH THERE MUST BE AMONG OFFICIALS OR , ON THE CONTRARY , GIVE RISE TO INEQUALITY BETWEEN THEM .
10 THE COURT AND THE INTERVENERS POINT OUT THAT OFFICIALS WHO DO NOT HAVE THE NATIONALITY OF THE COUNTRY IN WHICH THEIR PLACE OF EMPLOYMENT IS SITUATED ARE SUBJECT , IRRESPECTIVE OF THE DURATION OF THEIR RESIDENCE IN THAT PLACE , TO A NUMBER OF CONSTRAINTS AND DISADVANTAGES BOTH NON-MATERIAL AND MATERIAL WHICH ARE NOT EXPERIENCED BY NATIONALS OF THAT COUNTRY AND THAT THE PURPOSE AND EFFECT OF