T-49/89

JUDGMENT OF 26. 9. 1990 —CASE T-49/89

that they reside for most of the year at sense, who were obliged to leave their the official's place of employment or in place of origin by virtue of the official's an area defined, as the case may be, on entry into service. Accordingly, reimbur- the basis of its urban situation and the sèment of travel expenses does not means of transport available. constitute a family allowance, the purpose of which would be to This interpretation, which is in compensate the official concerned for accordance with the wording of Article expenses incurred in respect of persons 8(1) of Annex VII to the Staff Regu- treated as dependent children, but rather lations, is corroborated by the purpose of a payment designed to cover the that provision, which is to enable the expenses which he has incurred while official and his dependants to return at performing his duties, as is made clear by least once a year to the official's place of the position of Article 8, cited above, in origin in order to preserve family, social Section 3 of Annex VII, which deals with and cultural ties with that place. It is a the conditions for the application of the general principle of the law governing fundamental principle set out in Article the European public service that it must 71 of the Staff Regulations that such be possible for an official to retain his expenses should be reimbursed, personal links with the place where his principal interests are situated. (The grounds of the judgment are the same as those of the judgment delivered The objective of the Staff Regulations is on the same day, 26 September 1990, in thus to facilitate the travel of all members Case T-48/89 Beltrame and Others v of the family, understood in the wider Council [1990] ECR 11-493.)

MAVRAKOS v COUNCIL

supported by

Fédération de la fonction publique européenne (European Civil Service Federation), having its registered office in Brussels, represented by Georges Vandersanden, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Alex Schmitt, 62 avenue Guillaume,

intervener,

v

Council of the European Communities, represented by Arthur Alan Dashwood, Director in the Council's Legal Department, acting as Agent, assisted by Constantinos Adamandopoulos, of the Athens Bar, with an address for service in Luxembourg at the office of Jörg Käser, Manager of the Legal Department of the European Investment Bank, 100 boulevard Konrad-Adenauer,

hereby:

(1) Dismisses the application;

(2) Orders the parties to bear their own costs. II-511