WAS OBLIGED TO PAY IN WASHINGTON . VARIOUS MEMORANDA FROM THE COMMISSION ADMINISTRATION IN BRUSSELS REMINDED THE APPLICANT THAT HE WAS OBLIGED TO INFORM THE ADMINISTRATION AT ONCE OF ANY CHANGES IN HIS SITUATION WHICH MIGHT AFFECT THE PAYMENT OF THE ALLOWANCE .
8 ACCORDINGLY , IT MUST BE CONCLUDED THAT THE BASIS FOR THE GRANT OF THE ALLOWANCE CEASED TO EXIST AS SOON AS THE APPLICANT , WITHOUT INFORMING THE COMMISSION , PURCHASED THE HOUSE IN WHICH HE HAD TAKEN UP RESIDENCE . IT IS OF LITTLE IMPORTANCE IN THAT CONNECTION THAT , FROM THE FORMAL POINT OF VIEW , THE HOUSE WAS PURCHASED BY A COMPANY INCORPORATED BY THE APPLICANT , IN WHICH HE HELD ALL EXCEPT ONE OF THE SHARES AND OF WHICH HE BECAME THE PRESIDENT , WHILST HIS WIFE AND ONE OF HIS FRIENDS WERE THE DIRECTORS . THE EFFECT OF THE LEASE BETWEEN THE COMPANY AND THE APPLICANT IN THOSE CIRCUMSTANCES WAS TO CONCEAL FROM THE COMMISSION THE FACT THAT THE APPLICANT HAD PURCHASED THE PROPERTY .
9 IT HAVING THUS BEEN ESTABLISHED THAT THE ALLOWANCE WAS UNDULY PAID , IT SHOULD BE CONSIDERED WHETHER THE APPLICANT WAS AWARE OF THAT IRREGULARITY OR WHETHER THAT IRREGULARITY WAS PATENTLY SUCH THAT HE COULD NOT HAVE BEEN UNAWARE OF IT .
10 IN THAT CONNECTION , THE APPLICANT SUBMITS IN THE FIRST PLACE THAT HE WAS UNAWARE OF THE COMMISSION ' S VIEW THAT THE LODGING ALLOWANCE REFERRED TO IN ARTICLE 14 ( 1 ) OF ANNEX VII TO THE STAFF REGULATIONS CAN COVER ONLY THE COSTS WHICH OFFICIALS INCUR BY REASON OF HIGH RENTS . ON THE CONTRARY , THE SENIOR OFFICIALS OF THE COMMUNITY DELEGATION IN WASHINGTON GAVE HIM TO UNDERSTAND THAT THE PURCHASE OF THE HOUSE IN WHICH HE LIVED DID NOT PRECLUDE HIS CONTINUING TO RECEIVE THE LODGING ALLOWANCE . THE HEAD OF THE DELEGATION HIMSELF WAS NOT UNAWARE OF THE BASIS OF OWNERSHIP ADOPTED BY THE APPLICANT AND EVEN APPROVED IT .
11 IN THE SECOND PLACE , THE APPLICANT SUBMITS THAT THE SECOND TEST LAID DOWN IN ARTICLE 85 OF THE STAFF REGULATIONS ALLOWS SUMS OVERPAID TO BE RECOVERED ONLY WHERE THE RECIPIENT WAS CLEARLY UNABLE TO ADDUCE REASONS FOR THE PAYMENT . ACCORDING TO THE APPLICANT , THAT IS NOT THE CASE IN THIS INSTANCE SINCE THE OBJECT OF THE PAYMENT WAS TO ENABLE THE APPLICANT TO LIVE IN A RESIDENCE OF A STANDARD CONSONANT WITH HIS POST AND WITH THE DUTIES OF REPRESENTATION WHICH IT INVOLVED .
12 THOSE ARGUMENTS MUST BE REJECTED . THE APPLICANT KNEW THAT THE ALLOWANCE HAD BEEN GRANTED TO HIM TO COVER PART OF HIS RENT AND THAT HE WAS OBLIGED TO INFORM THE COMMISSION ADMINISTRATION IN BRUSSELS OF ANY CHANGE IN HIS SITUATION . MOREOVER , AN OFFICIAL OF HIS RANK COULD NOT HAVE BEEN UNAWARE OF THE FACT THAT GRANTS , CHANGES AND WITHDRAWALS OF LODGING ALLOWANCES ARE NOT MATTERS FOR THE HEAD OF THE DELEGATION IN A NON-MEMBER COUNTRY BUT