' S COMPLAINT EVOKED NO RESPONSE WITHIN THE PERIOD PRESCRIBED BY ARTICLE 90 OF THE STAFF REGULATIONS .
9 THE APPLICANT RECALLS THAT AN OFFICIAL ' S CENTRE OF INTERESTS IS DETERMINED BY HIS FAMILY TIES , HERITABLE INTERESTS AND ESSENTIAL CITIZEN ' S INTERESTS . AS FAR AS HER CITIZEN ' S INTERESTS ARE CONCERNED , THE APPLICANT REFERS TO HER ITALIAN NATIONALITY AND TO THE FACT THAT HER NAME IS ENTERED IN THE POPULATION REGISTER AND THE ELECTORAL ROLL OF THE MUNICIPALITY OF ISCHIA . AS FAR AS HER HERITABLE INTERESTS ARE CONCERNED , THE APPLICANT POINTS OUT THAT BY COMMON AGREEMENT SHE AND HER HUSBAND ESTABLISHED THEIR MARITAL AND FAMILY RESIDENCE IN ISCHIA SINCE IT HAD BEEN FIXED AS HER HUSBAND ' S PLACE OF ORIGIN .
10 AS REGARDS HER HERITABLE INTERESTS , THE APPLICANT CLAIMS THAT SHE HAS IN FACT AN INTEREST IN A SERIES OF RIGHTS AND DUTIES RELATING TO IMMOVABLE PROPERTY ALREADY BUILT . SHE MAINTAINS THAT IN 1975 , TOGETHER WITH HER HUSBAND , SHE ENLARGED AND EQUIPPED A BUILDING IN ISCHIA WHICH HAD BEEN CONSTRUCTED BY HER HUSBAND BEFORE THEY WERE MARRIED . THE WORK WAS FINANCED BY A LOAN CONTRACTED BY HUSBAND AND WIFE UNDER THEIR MATRIMONIAL PROPERTY SYSTEM . THE COUPLE THEREFORE HAVE A CHARGE OVER THAT BUILDING . THE APPLICANT ADDS THAT SHE IS ENTITLED UNDER ITALIAN LAW TO RESIDE IN THE BUILDING , TO USE IT AND TO OBJECT TO ITS SALE , WHICH ARE FEATURES OF A RIGHT IN REM . FINALLY , THE APPLICANT EMPHASIZES THAT UNDER THE ITALIAN CIVIL CODE , SHE INHERITS A PROPERTY RIGHT IN REM .
11 THE APPLICANT ALSO POINTS OUT THAT THE COMMISSION ' S REFUSAL TO FIX ISCHIA AS HER PLACE OF ORIGIN , AS HAS BEEN DONE FOR HER HUSBAND , ENTAILS , SINCE HER HUSBAND ' S LEAVE IS INCREASED BY FIVE DAYS ' TRAVELLING TIME , AN UNJUSTIFIED SEPARATION OF THE FAMILY . IT IS UNTHINKABLE THAT A HUSBAND AND WIFE LIVING TOGETHER SHOULD ESTABLISH THEIR CENTRE OF INTERESTS IN SEPARATE PLACES . IN THE APPLICANT ' S VIEW , THE COMMISSION ' S ATTITUDE IS ALL THE MORE CONTRADICTORY SINCE IT HAS ACCORDED HER TRAVELLING TIME TO ENABLE HER TO VOTE IN ELECTIONS IN ISCHIA BUT REFUSES TO GRANT HER TIME FOR TRAVELLING TO THE MARITAL RESIDENCE THERE .
12 THE COMMISSION DOES NOT DENY THAT THE APPLICANT FULFILS THE REQUIREMENT RELATING TO CITIZEN ' S INTERESTS . HOWEVER , IT CONSIDERS THAT IT IS ERRONEOUS TO INTERPRET THE CONCEPT OF HERITABLE INTERESTS AS INCLUDING EVERY KIND OF PROPERTY INTEREST WHICH AN OFFICIAL MAY HAVE IN A GIVEN PLACE . ON THE CONTRARY , THE MEANING OF THAT CONCEPT IS THAT AN OFFICIAL MUST BE THE HOLDER OF A RIGHT IN REM IN IMMOVABLE PROPERTY AND NOT NECESSARILY OF A RIGHT OF OWNERSHIP SINCE A LIFE INTEREST IS SUFFICIENT . IN ANY EVENT , A MERE CHARGE RELATING IN GENERAL TERMS TO IMMOVABLE PROPERTY