# C_2019016EN.01002001.xml

| 14.1.2019 | EN | Official Journal of the European Union | C 16/20 |
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14.1.2019

EN

Official Journal of the European Union

C 16/20

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Judgment of the Court (First Chamber) of 15 November 2018 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Heiko Jonny Maniero v Studienstiftung des deutschen Volkes eV

(Case C-457/17) (1)

((Reference for a preliminary ruling - Equal treatment between persons irrespective of racial or ethnic origin - Directive 2000/43/EC - Article 3(1)(g) - Scope - Concept of ‘education’ - The award by a private foundation of scholarships aimed at promoting projects for legal research and studies abroad - Article 2(2)(b) - Indirect discrimination - Award of scholarships conditional on applicants having first passed the First State Law Examination (Erste Juristische Staatsprüfung)))

(2019/C 16/24)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Heiko Jonny Maniero

Defendant: Studienstiftung des deutschen Volkes eV

Operative part of the judgment

| 1. | Article 3(1)(g) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin must be interpreted as meaning that the award by a private foundation of scholarships to support research projects or studies abroad falls within the concept of ‘education’, within the meaning of that provision, where there is a sufficiently close link between the assigned financial payments and participation in those research projects or studies which, themselves, fall within that same concept of ‘education’. That is the case, in particular, where such financial payments are linked to the participation of potential candidates in such research projects or studies, and are designed to remove all or some of the potential financial barriers to participation, and where those payments are appropriate to achieve that aim. |
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1.

Article 3(1)(g) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin must be interpreted as meaning that the award by a private foundation of scholarships to support research projects or studies abroad falls within the concept of ‘education’, within the meaning of that provision, where there is a sufficiently close link between the assigned financial payments and participation in those research projects or studies which, themselves, fall within that same concept of ‘education’. That is the case, in particular, where such financial payments are linked to the participation of potential candidates in such research projects or studies, and are designed to remove all or some of the potential financial barriers to participation, and where those payments are appropriate to achieve that aim.

| 2. | Article 2(2)(b) of Directive 2000/43 must be interpreted as meaning that the fact that a private foundation established in a Member State restricts the award of scholarships to support research projects or studies abroad to candidates having successfully completed, in that Member State, a law examination, such as that at issue in the main proceedings, does not constitute indirect discrimination on grounds of racial or ethnic origin within the meaning of that provision. |
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2.

Article 2(2)(b) of Directive 2000/43 must be interpreted as meaning that the fact that a private foundation established in a Member State restricts the award of scholarships to support research projects or studies abroad to candidates having successfully completed, in that Member State, a law examination, such as that at issue in the main proceedings, does not constitute indirect discrimination on grounds of racial or ethnic origin within the meaning of that provision.

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(1)  OJ C 347, 16.10.2017.

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