# C_2017347EN.01001201.xml

| 16.10.2017 | EN | Official Journal of the European Union | C 347/12 |
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16.10.2017

EN

Official Journal of the European Union

C 347/12

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 31 July 2017 — Heiko Jonny Maniero v Studienstiftung des deutschen Volkes eV

(Case C-457/17)

(2017/C 347/14)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant: Heiko Jonny Maniero

Appellant:

Respondent: Studienstiftung des deutschen Volkes eV

Respondent:

Questions referred

Questions referred

| 1. | Is the award by a registered association of scholarships intended to promote projects for research and studies abroad covered by the concept of ‘education’ within the meaning of Article 3(1)(g) of Directive 2000/43/EC? (1) |
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1.

Is the award by a registered association of scholarships intended to promote projects for research and studies abroad covered by the concept of ‘education’ within the meaning of Article 3(1)(g) of Directive 2000/43/EC? (1)

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| 2. | If Question 1 is to be answered in the affirmative:
  In the case of the award of scholarships referred to in Question 1, does the participation requirement relating to the passing of the First State Law Examination in Germany constitute indirect discrimination against an applicant within the meaning of Article 2(2)(b) of Directive 2000/43/EC where the applicant, who is a Union citizen, has indeed acquired a comparable qualification in a State which does not belong to the European Union, without the choice of this place of qualification being related to the ethnic origin of the applicant, but, on account of his residence in national territory and fluent command of German, had, in the same way as a national, the possibility of taking the First State Law Examination after studying law in national territory?
  Is any difference made by the fact that the objective pursued by the scholarship programme is, without being linked to any discriminatory characteristics, to provide law graduates in Germany with knowledge of foreign legal systems, experience of being abroad and knowledge of languages by promoting a project for research and studies abroad? |
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2.

If Question 1 is to be answered in the affirmative:

In the case of the award of scholarships referred to in Question 1, does the participation requirement relating to the passing of the First State Law Examination in Germany constitute indirect discrimination against an applicant within the meaning of Article 2(2)(b) of Directive 2000/43/EC where the applicant, who is a Union citizen, has indeed acquired a comparable qualification in a State which does not belong to the European Union, without the choice of this place of qualification being related to the ethnic origin of the applicant, but, on account of his residence in national territory and fluent command of German, had, in the same way as a national, the possibility of taking the First State Law Examination after studying law in national territory?

Is any difference made by the fact that the objective pursued by the scholarship programme is, without being linked to any discriminatory characteristics, to provide law graduates in Germany with knowledge of foreign legal systems, experience of being abroad and knowledge of languages by promoting a project for research and studies abroad?

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(1)  Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ 2000 L 180, p. 22.

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