Judgment — ECLI:EU:C:2004:402
Date: 2004-07-01
Language of the case: French
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Education, vocational training and youth;Anti-discrimination;Non-discrimination on grounds of nationality
Concepts: Prohibition of discrimination on grounds of nationality
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Summary of the Judgment Community law – Principles – Equal treatment – Discrimination on grounds of nationality – Access to higher education – Different conditions for holders of secondary education diplomas awarded in other Member States – Not permissible (Arts 12 EC, 149 EC and 150 EC) A Member State which fails to take the measures necessary to ensure that holders of secondary education diplomas awarded in other Member States can gain access to higher education under the same conditions as holders of the Certificate of higher secondary education (CESS) awarded in the Member State concerned has failed to fulfil its obligations under Article 12 EC, read in conjunction with Articles 149 EC and 150 EC. (see para. 31, operative part)