THE FACT THAT HE OR SHE DOES NOT HAVE THE NATIONALITY OF THE STATE IN WHICH HE OR SHE IS EMPLOYED , THAT ALLOWANCE MAY NOT BE WITHDRAWN WHEN , AS A RESULT OF MARRIAGE WITH A NATIONAL OF THE MEMBER STATE WHERE THE OFFICIAL IS EMPLOYED , THE NATIONALITY OF THE SPOUSE IS AUTOMATICALLY IMPOSED ON HIM OR HER WITHOUT THE OFFICIAL BEING ABLE TO RENOUNCE IT .
10 IN A SECOND JUDGMENT DELIVERED ON THE SAME DAY , IN CASE 37/74 ( VAN DEN BROECK ( 1975 ) ECR 235 ), HOWEVER , THE COURT HELD THAT THE FIRST INDENT OF ARTICLE 4 ( 1 ) ( A ) CITED ABOVE , STILL APPLIES WHEN A FEMALE OFFICIAL IS ABLE TO RENOUNCE THE NATIONALITY SHE HAD ACQUIRED BY MARRIAGE , BUT CHOOSES NOT TO AVAIL HERSELF OF THAT OPPORTUNITY .
11 ACCORDING TO THE APPLICANT , THAT PROVISION SHOULD BE INTERPRETED , IN THE LIGHT OF THAT CASE-LAW , AS MEANING THAT SHE REMAINS ENTITLED TO RECEIVE THE EXPATRIATION ALLOWANCE EVEN THOUGH SHE DID NOT EXERCISE HER OPTION OF RENOUNCING THE BELGIAN NATIONALITY WHICH SHE ACQUIRED BY MARRIAGE . ACCOUNT IS IN FACT TO BE TAKEN OF THE FACT THAT SHE HAS RETAINED HER BRITISH NATIONALITY AND THAT CIRCUMSTANCE IS SUFFICIENT TO JUSTIFY CONTINUING PAYMENT OF THE EXPATRIATION ALLOWANCE .
12 THAT ARGUMENT MUST BE REJECTED . IN FACT WHERE THE PERSON CONCERNED WAS ABLE TO RENOUNCE THE NATIONALITY WHICH CAUSES HER TO LOSE THE BENEFIT OF THE EXPATRIATION ALLOWANCE , THERE IS NO REASON ASSOCIATED WITH THE PURPOSES FOR WHICH THAT ALLOWANCE WAS GRANTED FOR DISREGARDING THE FACT THAT , BY AN ACT OF HER OWN VOLITION SUBSEQUENT TO , BUT DISTINCT FROM , HER MARRIAGE , THE OFFICIAL DECIDED TO ASSUME THE NATIONALITY OF THE PLACE IN WHICH SHE IS EMPLOYED .
13 SECONDLY , THE APPLICANT CLAIMS THAT WHEN , AS A RESULT OF HER MARRIAGE , A FEMALE OFFICIAL , WHILST ACQUIRING A NEW NATIONALITY , RETAINS HER NATIONALITY OF ORIGIN AND THE LATTER ENTITLED HER TO THE EXPATRIATION ALLOWANCE , THE NATIONALITY OF ORIGIN SHOULD BE CONSIDERED AS THE PREPONDERANT NATIONALITY , THUS JUSTIFYING CONTINUANCE OF THE EXPATRIATION ALLOWANCE , OR IN ANY EVENT THAT THAT IS THE SOLUTION TO BE ADOPTED WHEN THE NATIONALITY OF ORIGIN APPEARS IN FACT TO BE THE ' ' EFFECTIVE ' ' NATIONALITY COMPARED WITH THE NATIONALITY ACQUIRED BY MARRIAGE .
14 THE CONCEPT OF EFFECTIVE NATIONALITY IS USED MAINLY IN PRIVATE INTERNATIONAL LAW IN ORDER TO RESOLVE POSITIVE CONFLICTS OF NATIONALITY . THE CONCEPT CANNOT BE TRANSFERRED TO A QUITE DIFFERENT SPHERE FROM THAT FOR WHICH IT WAS DEVELOPED , SPECIFICALLY THE SCOPE OF THE STAFF REGULATIONS FOR OFFICIALS OF THE COMMUNITIES , IN ORDER TO DETERMINE ENTITLEMENT TO RECEIVE THE EXPATRIATION ALLOWANCE , WHEN , APART FROM THE EXCEPTION EXPRESSLY PROVIDED FOR IN ARTICLE 4 ( 1 ) ( B ), AN OFFICIAL WHO HAS THE NATIONALITY OF THE PLACE IN WHICH HE IS EMPLOYED