AND OF CERTAIN ALLOWANCES , IS PAID TO OFFICIALS ' ' WHO ARE NOT AND HAVE NEVER BEEN NATIONALS OF THE STATE IN WHOSE TERRITORY THE PLACE WHERE THEY ARE EMPLOYED IS SITUATED , AND WHO DURING THE FIVE YEARS ENDING SIX MONTHS BEFORE THEY ENTERED THE SERVICE ' ' , IN THIS CASE THE PERIOD 17 NOVEMBER 1976 TO 17 NOVEMBER 1981 , ' ' DID NOT HABITUALLY RESIDE OR CARRY ON THEIR MAIN OCCUPATION WITHIN THE EUROPEAN TERRITORY OF THAT STATE ' ' .
3 THE APPLICANT CONSIDERS THAT HE FULFILS THE CONDITIONS REFERRED TO FOR THE GRANT OF THE EXPATRIATION ALLOWANCE ; HE SUCCESSIVELY MADE A REQUEST , IN ACCORDANCE WITH ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS , FOR THE GRANT OF THE ALLOWANCE , AND ON THE REJECTION OF THAT REQUEST , A COMPLAINT IN ACCORDANCE WITH ARTICLE 90 ( 2 ). THE COMPLAINT ALSO WAS REJECTED AND THE APPLICANT HAS THEREFORE BROUGHT THIS ACTION .
4 IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THE APPLICANT , WHO IS OF GERMAN NATIONALITY AND HAS NEVER HELD LUXEMBOURG NATIONALITY , HAS BEEN RESIDENT IN THE GRAND DUCHY OF LUXEMBOURG SINCE 1958 , SINCE HIS FATHER WAS EMPLOYED THERE AS AN OFFICIAL OF THE EUROPEAN PARLIAMENT . IN MARCH 1975 THE APPLICANT ESTABLISHED HIS MATRIMONIAL HOME IN LUXEMBOURG . DURING THE FIVE-YEAR PERIOD IN QUESTION , THAT IS , BETWEEN 17 NOVEMBER 1976 AND 17 NOVEMBER 1981 , HE HELD THE POST OF RECHTSREFERENDAR IN THE FEDERAL REPUBLIC OF GERMANY UNTIL SEPTEMBER 1977 , AND RESIDED THERE FOR THAT PURPOSE FROM 17 NOVEMBER UNTIL THE END OF NOVEMBER 1976 , FROM 1 MARCH TO 28 APRIL 1977 AND FROM MID-MAY UNTIL THE END OF AUGUST 1977 . DURING ALL THOSE PERIODS OF RESIDENCE IN THE FEDERAL REPUBLIC OF GERMANY , HOWEVER , HE MAINTAINED HIS MATRIMONIAL HOME IN LUXEMBOURG .
5 THE APPLICANT WAS SUBSEQUENTLY UNEMPLOYED FROM OCTOBER 1977 UNTIL THE END OF FEBRUARY 1979 ; DURING THAT TIME HE AND HIS FAMILY ONCE MORE LIVED IN LUXEMBOURG , EXCEPT FOR A PERIOD OF THREE OR FOUR MONTHS , FROM NOVEMBER OR DECEMBER 1977 UNTIL THE END OF FEBRUARY 1978 , DURING WHICH HE LOOKED FOR WORK IN THE FEDERAL REPUBLIC OF GERMANY . FINALLY , FROM 1 MARCH 1979 TO 17 NOVEMBER 1981 , THE END OF THE REFERENCE PERIOD , HE WAS EMPLOYED BY A PRIVATE FIRM IN LUXEMBOURG AND LIVED THERE WITH HIS FAMILY .
6 THE APPLICANT ARGUES FRIST THAT THE PARLIAMENT INFRINGED THE STAFF REGULATIONS OF OFFICIALS IN REFUSING TO GRANT HIM THE EXPATRIATION ALLOWANCE . THE CONDITIONS LAID DOWN BY THE RELEVANT PROVISION OF THE STAFF REGULATIONS , THAT IS , THAT THE OFFICIAL CONCERNED MUST NOT HAVE HABITUALLY RESIDED OR CARRIED ON HIS MAIN OCCUPATION WITHIN THE TERRITORY OF THE PLACE IN WHICH HE IS EMPLOYED , ARE , HE SAYS , ALTERNATIVE CONDITIONS , AND IT IS SUFFICIENT TO FULFIL ONE OF THEM IN ORDER