73The applicant points out that equal treatment is a general principle of Community law which applies to the civil service. There is a breach of that principle where two categories of person whose factual and legal circumstances disclose no essential difference are treated differently or where situations which are different are treated in an identical manner (Case T-86/97 Apostolidis v Court of Justice [1998] ECR-SC I-A-167 and II-521, paragraph 61, and Joined Cases T-114/98 and T-115/98 Rodríguez Pérez and Others v Commission [1999] ECR-SC I-A-97 and II-529, paragraph 75). The applicant cites the case of Mr W who worked for more than five years for a delegation of a German Land in Brussels under a public sector contract concluded in Germany which made provision for secondment to Brussels. In that case the Commission granted the expatriation allowance.
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