# C_2009006EN.01000401.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/4 |
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10.1.2009

EN

Official Journal of the European Union

C 6/4

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Judgment of the Court (Grand Chamber) of 18 November 2008 (reference for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Jacqueline Förster v Hoofddirectie van de Informatie Beheer Groep

(Case C-158/07) (1)

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(Freedom of movement for persons - Student who is a national of one Member State and goes to another Member State to follow a training course - Student maintenance grant - Citizenship of the Union - Article 12 EC - Legal certainty)

(2009/C 6/06)

Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Applicant: Jacqueline Förster

Applicant:

Defendant: Hoofddirectie van de Informatie Beheer Groep

Defendant:

Re:

Reference for a preliminary ruling — Centrale Raad van Beroep — Interpretation of Article 12 EC, Article 18 EC, Article 7 of Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (OJ, English Special Edition 1970 (II), p. 402), and Article 3 of Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students (OJ 1993 L 317, p. 59) — Student who is a national of one Member State and goes to another Member State to follow a training course, at the same time working as an employed person in the second Member State but who has, meanwhile, ceased that employment.

Operative part of the judgment

| 1. | A student in the situation of the applicant in the main proceedings cannot rely on Article 7 of Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State in order to obtain a maintenance grant. |
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1.

A student in the situation of the applicant in the main proceedings cannot rely on Article 7 of Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State in order to obtain a maintenance grant.

| 2. | A student who is a national of a Member State and travels to another Member State to study there can rely on the first paragraph of Article 12 EC in order to obtain a maintenance grant where he or she has resided for a certain duration in the host Member State. The first paragraph of Article 12 EC does not preclude the application to nationals of other Member States of a requirement of five years' prior residence. |
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2.

A student who is a national of a Member State and travels to another Member State to study there can rely on the first paragraph of Article 12 EC in order to obtain a maintenance grant where he or she has resided for a certain duration in the host Member State. The first paragraph of Article 12 EC does not preclude the application to nationals of other Member States of a requirement of five years' prior residence.

| 3. | In circumstances such as those of the main proceedings, Community law, in particular the principle of legal certainty, does not preclude the application of a residence requirement which makes the right of students from other Member States to a maintenance grant subject to the completion of periods of residence which occurred prior to the introduction of that requirement. |
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3.

In circumstances such as those of the main proceedings, Community law, in particular the principle of legal certainty, does not preclude the application of a residence requirement which makes the right of students from other Member States to a maintenance grant subject to the completion of periods of residence which occurred prior to the introduction of that requirement.

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(1)  OJ C 117, 26.5.2007.

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