# C_2012366EN.01001001.xml

| 24.11.2012 | EN | Official Journal of the European Union | C 366/10 |
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24.11.2012

EN

Official Journal of the European Union

C 366/10

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Judgment of the Court (Second Chamber) of 4 October 2012 — European Commission v Republic of Austria

(Case C-75/11) (1)

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(Failure of a Member State to fulfil obligations - Citizenship of the Union - Right to move and reside freely - Articles 20 TFEU and 21 TFEU - Discrimination on grounds of nationality - Article 18 TFEU - Directive 2004/38/EC - Article 24 - Derogation - Scope - Member State in which reduced fares on public transport are granted only to students whose parents are in receipt of family allowances in that Member State)

2012/C 366/16

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: V. Kreuschitz and D. Roussanov, Agents)

Applicant:

Defendant: Republic of Austria (represented by: C. Pesendorfer and M. Fruhmann, Agents)

Defendant:

Re:

Re:

Failure of Member State to fulfil obligations — Infringement of Articles 18, 20 and 21 TFEU and of Article 24 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC — Contracts concerning the sale of reduced-price travel tickets to students concluded between various bodies of a Member State and various public transport undertakings — Exclusion from entitlement to those reductions of students whose parents are not entitled to family benefits in that State

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by granting reduced fares on public transport in principle only to students whose parents are in receipt of Austrian family allowances, the Republic of Austria has failed to fulfil its obligations under the combined provisions of Articles 18 TFEU, 20 TFEU and 21 TFEU and also Article 24 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. |
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1.

Declares that, by granting reduced fares on public transport in principle only to students whose parents are in receipt of Austrian family allowances, the Republic of Austria has failed to fulfil its obligations under the combined provisions of Articles 18 TFEU, 20 TFEU and 21 TFEU and also Article 24 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.

| 2. | Orders the Republic of Austria to pay the costs. |
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2.

Orders the Republic of Austria to pay the costs.

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(1)  OJ C 130, 30.4.2011.

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