Opinion of Advocate General Tesauro delivered on 16 June 1994

1 Original language: Italian.

2 Case T-90/92 Magdalena Fernandez v Commission [19931 ECR II-971.

3 To be more precise, the Court of First Instance found that the applicant did indeed live in Belgium from 1965 until 1 May 1986, except for the period from 1 October 1980 until 28 June 1981 in which he returned temporarily — as a certificate from the Spanish Consulate attests — to Spain. Since in this instance the reference period runs from 1 November 1980 until 30 October 1985, it follows that the applicant was not living in Belgium during the first eight months of the reference period (see paragraph 28 of the judgment).

4 See paragraph 28 of the judgment of the Court of Firs Instance.

5 See judgment in Case 201/88 Atala Palmenm v Commission [1989] ECR 3109, paragraph 9. See also, more recently, judgments in Case T-18/91 Costacttrta Gelabert v Commission [1992] ECR II-1655, paragraph 42, and in Case T-4/92 VW- akas v Commission [1993] II-357, paragraph 39.

6 See, most recently, judgment in Case C-297/89 Ryborg [1991] ECR I-1943, paragraph 19; also judgment in Case T-63/91 Dender v Commission [1992] ECR II-2095, paragraph 25.

7 See judgment in Case 248/87 Schaflein v Commission [1988] ECR 4475, paragraph 10.

8 On that point, sec judgment in Case 188/83 Witte v Parliament [1984] ECR 3465, paragraphs 9 to 12.