Opinion of the Advocate General — ECLI:EU:C:2004:770
Date: 2004-12-02
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. International agreements — EEC-Turkey Association Agreement — Association Council created by the EEC-Turkey Association Agreement – Decision No 1/80 —Right of Turkish children to access to education and vocational training and to benefit from national advantages (Article 9) — Direct effect — Eligibility for an education grant for studies pursued abroad — Studies pursued in Turkey — Irrelevant (Decision No 1/80 of the EEC-Turkey Association Council, Art. 9) 2. International agreements — EEC-Turkey Association Agreement — Association Council created by the EEC-Turkey Association Agreement – Decision No 1/80 — Right of Turkish children to access to education and vocational training (Article 9, first sentence) — Condition of residing ‘with their parents’ — Definition — Child having his main residence in a university town and only a secondary residence with his parents — Included (Decision No 1/80 of the EEC-Turkey Association Council, Art. 9) 1. Article 9 of Decision No 1/80 of the EEC-Turkey Association Council, which enshrines the right of Turkish children residing legally in a Member State of the Community with their parents who are or have been legally employed there to be admitted to courses of general education, apprenticeship and vocational training under the same educational entry qualifications as the children of nationals of that Member State, and to benefit from the advantages in that area provided for by national law, has direct effect in the Member States. That provision lays down a duty of equal treatment in access to education and vocational training on the basis of the same qualifications and in entitlement to benefit from the advantages provided for in that area which, by its nature, may be relied on by an individual before a national court in order to request it to disapply the discriminatory provisions of the legislation of a Member State under which the grant of a right or advantage is subject to a condition not imposed on nationals, no further implementing measures being required. Given that Turkish children are thus guaranteed non-discriminatory access to provisions for education grants, if the host Member State offers its own nationals the opportunity of receiving an education grant for studies pursued abroad, in the light of the wording of the second sentence of Article 9 of Decision No 1/80 and in order to maintain equality of opportunities between students, Turkish children must be eligible for the same advantage if they intend to follow courses outside that Member State. In this connection nothing warrants depriving Turkish children of the benefit of equal treatment simply because they decide to pursue that education in their family’s State of origin. (see paras 22-23, 26, 42-45, operative parts 1, 3) 2. The condition of residing with parents in accordance with the first sentence of Article 9 of Decision No 1/80 of the EEC-Turkey Association Council is met in the case of a Turkish child who, after residing legally with his parents in the host Member State, establishes his main residence in the place in the same Member State in which he follows his university studies, while declaring his parents’ home to be his secondary residence only. That provision does not make entitlement to the right to equal access to education and vocational training subject to either any special rules of residence with parents during the period of education, such as the existence of a home common to children and parents, or to any special kind of residence during that period, such as a main residence rather than a secondary residence. Furthermore, that interpretation is necessary in order to ensure that the objective pursued by that provision is fully attained, that is to say, that Turkish children should be entitled to education and vocational training in their parents’ host state without their choice being restricted as to the kind of education or training provided. (see paras 30-31, 33, operative part 2)