JUDGMENT OF 16. 10. 1980 — CASE 147/79 HOCHSTRASS v COURT OF JUSTICE

In Case 147/79

THE COURT (Second Chamber) composed of: A. Touffait, President of Chamber, T. Koopmans and O. Due, Judges, Advocate General: H. Mayras Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Conclusions of the parties

III — Summary of the submissions and arguments of the parties

A — Admissibility

B — Substance

First question: Is the situation of the officials who draw the foreign residence allowance objectively different from that of those who are excluded from it?

Second question: Is nationality an objective and uniform criterion enabling two situations to be distinguished so as to apply different rules to them?

Third questions: Has nationality a direct relationship with the purpose of the rules in question?

First question: Comparison of the situation of officials drawing the foreign residence allowance with that of officials who do not.

Second question: Nationality as an objective and uniform criterion.

Third question: The existence of a direct relationship between nationality and the aim of the rules.

IV — Oral procedure

Decision

Admissibility

Substance

Costs