# C_2023104EN.01000601.xml

| 20.3.2023 | EN | Official Journal of the European Union | C 104/6 |
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20.3.2023

EN

Official Journal of the European Union

C 104/6

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Judgment of the Court (Third Chamber) of 2 February 2023 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR v Bildungsdirektion für Vorarlberg

(Case C-372/21, (1) Freikirche der Siebenten-Tags-Adventisten in Deutschland)

(Reference for a preliminary ruling - Status under EU law of churches and religious associations or communities in the Member States - Article 17(1) TFEU - Freedom of establishment - Article 49 TFEU - Restrictions - Justification - Proportionality - Subsidies for a private school - Application submitted by a religious society established in another Member State - Establishment recognised by that society as a denominational school)

(2023/C 104/06)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR

Defendant: Bildungsdirektion für Vorarlberg

Operative part of the judgment

| 1. | Article 17(1) TFEU must be interpreted as not having the effect of excluding from the scope of EU law a situation in which a church or religious association or community, which has the status of a legal person governed by public law in one Member State and which recognises and supports a private school in another Member State as a denominational school, applies for a subsidy for that school which is reserved for churches and religious associations or communities recognised under the law of that other Member State. |
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1.

Article 17(1) TFEU must be interpreted as not having the effect of excluding from the scope of EU law a situation in which a church or religious association or community, which has the status of a legal person governed by public law in one Member State and which recognises and supports a private school in another Member State as a denominational school, applies for a subsidy for that school which is reserved for churches and religious associations or communities recognised under the law of that other Member State.

| 2. | Article 49 TFEU, read in conjunction with Article 17(1) of that treaty, must be interpreted as not precluding national legislation which makes the grant of public subsidies to private schools recognised as denominational schools conditional upon the church or religious society which submits the application for a subsidy for such a school being recognised under the law of the Member State concerned, including where that church or religious society is recognised under the law of its Member State of origin. |
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2.

Article 49 TFEU, read in conjunction with Article 17(1) of that treaty, must be interpreted as not precluding national legislation which makes the grant of public subsidies to private schools recognised as denominational schools conditional upon the church or religious society which submits the application for a subsidy for such a school being recognised under the law of the Member State concerned, including where that church or religious society is recognised under the law of its Member State of origin.

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(1)  
  OJ C 382, 20.9.2021.

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