AS A TRAINEE TRANSLATOR AT THE COMMISSION AND FINALLY AS A FREE-LANCE TERMINOLOGIST UNTIL APRIL 1984 . IT APPEARS FROM THE APPLICANT' S OWN STATEMENTS THAT SHE CARRIED ON NO OTHER OCCUPATION DURING THAT PERIOD . MOREOVER, IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THE APPLICANT NOT ONLY RENTED AN APARTMENT IN LUXEMBOURG DURING THAT PERIOD BUT, IN HER APPLICATION FOR EMPLOYMENT, GAVE LUXEMBOURG BOTH AS HER PERMANENT RESIDENCE AND AS HER ADDRESS FOR CORRESPONDENCE . SHE DOES NOT DENY THAT SHE WAS PHYSICALLY PRESENT IN LUXEMBOURG DURING THAT PERIOD .
9 IN THOSE CIRCUMSTANCES THE FACT THAT THE APPLICANT STUDIED IN INNSBRUCK FROM NOVEMBER 1978 TO JULY 1980 AND MAINTAINED A RESIDENCE IN GERMANY DURING THE REFERENCE PERIOD IS NOT SUFFICIENT FOR HER TO BE REGARDED AS HAVING HABITUALLY RESIDED OUTSIDE LUXEMBOURG DURING THAT PERIOD .
10 THE APPLICATION MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
11 UNDER ARTICLE 69*(2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY' S PLEADING . HOWEVER, UNDER ARTICLE 70 OF THE RULES OF PROCEDURE, THE INSTITUTIONS ARE TO BEAR THEIR OWN COSTS IN PROCEEDINGS INITIATED BY SERVANTS OF THE COMMUNITIES .
Operative part
On those grounds,
THE COURT ( Second Chamber )
hereby :
( 1 ) Dismisses the application;
( 2 ) Orders the parties to bear their own costs .