# C_2005132EN.01000801.xml

| 28.5.2005 | EN | Official Journal of the European Union | C 132/8 |
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28.5.2005

EN

Official Journal of the European Union

C 132/8

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

of 15 March 2005

in Case C-209/03 Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court) The Queen (on the application of Dany Bidar) v London Borough of Ealing, Secretary of State for Education and Skills (1)

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(Citizenship of the Union - Articles 12 EC and 18 EC - Assistance for students in the form of subsidised loans - Provision limiting the grant of such loans to students settled in national territory)

(2005/C 132/14)

Language of the case: English

In Case C-209/03: reference for a preliminary ruling under Article 234 EC from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court) (United Kingdom), made by decision of 12 February 2003, received at the Court on 15 May 2003, in the proceedings pending before that court between the Queen (on the application of Dany Bidar) and London Borough of Ealing, Secretary of State for Education and Skills — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas, K. Lenaerts (Rapporteur) and A. Borg Barthet, Presidents of Chambers, J.-P. Puissochet, R. Schintgen, N. Colneric, M. Ilešič, J. Malenovský, J. Klučka and U. Lõhmus, Judges; L.A.Geelhoed, Advocate General, H. von Holstein, Deputy Registrar, for the Registrar, gave a judgment on 15 March 2005, the operative part of which is as follows:

| 1. | Assistance, whether in the form of subsidised loans or of grants, provided to students lawfully resident in the host Member State to cover their maintenance costs falls within the scope of application of the EC Treaty for the purposes of the prohibition of discrimination laid down in the first paragraph of Article 12 EC. |
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1.

Assistance, whether in the form of subsidised loans or of grants, provided to students lawfully resident in the host Member State to cover their maintenance costs falls within the scope of application of the EC Treaty for the purposes of the prohibition of discrimination laid down in the first paragraph of Article 12 EC.

| 2. | The first paragraph of Article 12 EC must be interpreted as precluding national legislation which grants students the right to assistance covering their maintenance costs only if they are settled in the host Member State, while precluding a national of another Member State from obtaining the status of settled person as a student even if that national is lawfully resident and has received a substantial part of his secondary education in the host Member State and has consequently established a genuine link with the society of that State. |
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2.

The first paragraph of Article 12 EC must be interpreted as precluding national legislation which grants students the right to assistance covering their maintenance costs only if they are settled in the host Member State, while precluding a national of another Member State from obtaining the status of settled person as a student even if that national is lawfully resident and has received a substantial part of his secondary education in the host Member State and has consequently established a genuine link with the society of that State.

| 3. | There is no need to limit the temporal effects of the present judgment. |
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3.

There is no need to limit the temporal effects of the present judgment.

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(1)  OJ C 171 of 19.07.2003.

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