30The Commission adds that that interpretation is perfectly in keeping with the rationale underlying the exception provided for in Article 4(1 )(a) of Annex VII to the Staff Regulations, as set out in the case-law of the Community judicature. The paramount consideration in determining entitlement to an expatriation allowance is the official's habitual residence before his entry into service (see Case 21/74 Airola v Commission [1975] ECR 221 and Case 37/74 Van den Broeck v Commission [1975] ECR 235). The concept of expatriation therefore depends on the personal situation of the official, that is to say, on the extent to which he is integrated in his new environment, which is demonstrated, for example, by habitual residence or by the main occupation previously pursued (see, most recently, Case 201/88 Atala-Palmerini v Commission [1989] ECR 3109).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.