Opinion of the Advocate General — ECLI:EU:C:2013:90
Date: 2013-02-21
Language of the case: German
Subject matter: Citizenship of the Union;Right of entry and residence
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Third Chamber), 18 July 2013 1. Citizenship of the Union — Provisions of the Treaty — Scope ratione personae — National of one Member State studying in another Member State — Included — Effect — Benefit of rights attaching to the status of citizen of the European Union (Arts 20 TFEU and 21 TFEU) 2. Citizenship of the Union — Right to move and reside freely on the territory of the Member State — Education grant for studies in another Member State for a period of more than one year — Grant subject to the sole condition of a period of permanent residence in the Member State concerned — Not permissible — Justification — None (Arts 20 TFEU and 21 TFEU) 1. See the text of the decision. (see paras 22-24) 2. Articles 20 TFEU and 21 TFEU must be interpreted as precluding legislation of a Member State which makes the award of an education grant for studies in another Member State for a period of more than one year subject to a sole condition requiring the applicant to have had a permanent residence, within the meaning of that law, in national territory for at least three years before commencing those studies. Such a condition is likely to dissuade nationals from exercising their right to freedom of movement and residence in another Member State, given the impact that exercising that freedom is likely to have on the right to the education or training grant. It is indeed legitimate for a Member State to grant such assistance only to students who have demonstrated a certain degree of integration into the society of that State. However, the proof required to demonstrate the genuine link must not be too exclusive in nature or unduly favour one element which is not necessarily representative of the real and effective degree of connection between the claimant and this Member State, to the exclusion of all other representative elements. Thus, the existence of a certain degree of integration may be regarded as established by a finding that the student in question has resided for a certain length of time in the Member State where he applies for an education or training grant. However, a sole condition of residence is likely to exclude from the relevant funding students who, despite not having resided for an uninterrupted period of three years in the Member State awarding the grant immediately prior to studying abroad, are nevertheless sufficiently connected to the society of that Member State. That may be the case where the student is a national of the State concerned and was educated there for a significant period or on account of other factors such as, in particular, his family, employment, language skills or the existence of other social and economic factors. (see paras 32, 36-38, 41, operative part)