EN    EN EN 
EN    EN  EUROPEAN COMMISSION 
Brussels, 15.9.2010 
SEC(2010) 1047 
  
COMMISSION STAFF WORKING DOCUMENT 
Youth on the Move: A Guide to the Rights  of Mobile Students in the European 
Union 
 
 
Accompanying document to the 
 
COMMUNICATION FROM THE CO MMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMI TTEE OF THE REGIONS 
 
Youth on the Move 
An initiative to unleash the potential of yo ung people to achieve smart, sustainable and 
inclusive growth in the European Union 
   
{COM(2010) 477 final}  
EN 2   EN 1. INTRODUCTION  
1.1. Context and objectives 
A European Union policy to promote learning mobility 
Travelling to another EU country to study ('lear ning mobility') is one of the fundamental ways 
in which young people can boost their personal development as well as their future job opportunities. Learning mobility also benefits the EU as a whole: it fosters a sense of 
European identity; it helps knowledge circulate mo re freely; and it contributes to the internal 
market, as Europeans who are mobile as young learners are more likely to be mobile as 
workers later in life.  
The Commission has promoted learning mobility for many decades. The Erasmus 
Programme, launched in the 1980s and now part of the EU's Lifelong Learning Programme, 
has been supporting student and academic ex change and knowledge transfer between 
institutions for over twenty years, and the feedback from students confirms the positive 
impact of learning mobility. The Commission is also  an active partner in the Bologna Process, 
an agreement among 47 countries to create  a European Higher Education Area.  
The Commission's Europe 2020 Strategy, which char ts the path for the EU for the next 
decade, also prioritises learning mobility as a me ans of raising the skills of individuals and of 
the Union as a whole. This paper forms part of one of Europe 2020's flagship initiatives, 
Youth on the Move. The goal of Youth on the Move is to enhance the performance and 
international attractiveness of Europe's higher education institutions and raise the overall quality of all levels of edu cation and training in the EU inter alia by giving all young people 
in Europe the chance to spend a part of their educational pathway in another Member State. 
Given the primary responsibility of Member St ates for education and training, the EU does 
not have the power to enact bi nding legislation in education. Th e rules are generally based on 
Treaty provisions interpreted by court decisions, and thus, the rights of students have 
developed and broadened progressi vely over time. Since this process is ongoing and many of 
the decisions are relatively recent, the rights of mobile students are not always clear. The 
Commission receives a number of  complaints and queries from  citizens who are unsure of 
their rights or who are encountering difficu lties having their academic qualifications 
recognised.  
The paper aims to summarise and set out the Co mmission's interpretation of the law in this 
area, as a guide for Member States, universitie s and other stakeholders, and to inform young 
people so that they may be aware of their ri ghts, and therefore better prepared for a study 
period abroad.  
The Commission has also announced, in its 2010 multi-annual work programme
1, its intention 
to issue a Communication on Citizenship identifying the broader range of obstacles that may prevent citizens from fully exercising their rights as Union citizens, and outlining the 
solutions envisaged by the Commission. 
                                                
 
1 COM(2010) 135. 
EN 3   EN Students' rights to study abroad within the EU  
The Treaty2 itself ensures the right of all European citizens to move between Member States – 
subject to certain limitations laid down in the Treaty and in legisl ation. Originally, the 
European Community3 did not have any specif ic powers in the area of education, other than in 
vocational training, so rights in this area exis ted only insofar as they contributed to the 
economic goals of the European Community. On those grounds, EU migrant workers and 
their family members were entitled to the same  social advantages as nationals of the host 
Member State, including thos e in the area of education.  
The Court of Justice of the European Union interpreted the Treaty provisions on vocational 
training to create rights for mobile EU students. In its Gravier  judgment, it decided that 
students from other EU countries should have access to a Member State's vocational training 
courses on equal terms with its own nationals, on the basis that this improved people's chances on the local labour market.  
The Treaty of Maastricht (1993) brought tw o important changes which significantly 
broadened the scope of the rights guaranteed under EU law: the introduction of specific 
powers for the European Union in the area of e ducation; and the establishment of European 
citizenship.  
These Treaty provisions have been  interpreted by the Court of Justice to cover the rights of 
free movement and non-discrimination among Europ eans, simply because of their status as 
citizens (and by extension, as st udents) regardless of whether they are 'economically active'. 
National governments remain responsible for th e content and organisation of their education 
systems. However, this responsibility must still  be exercised in conformity with European 
Union law. This means that EU nationals should  not be discriminated ag ainst in access to any 
course of education, even if it is not directly linked to the later practice of a profession.  
1.2. Scope 
The paper concentrates on mobility for higher e ducation and vocational training, as this is 
where most mobility occurs and the area where,  in practice, issues tend to arise, although 
many of the rules also apply to education in general. The stru cture follows the pathway of a 
student who decides to go abroad to study and examines the obstacles they may encounter 
before, during and after a mobility period, from  applying for admission to the host institution  
to their stay in the host Member State and finall y in using the qualifications they have gained. 
It looks at how rights to non-di scrimination and free movement, in primary and secondary law 
and in the case law of the Cour t of Justice, affect the treatm ent of students both by the country 
where they are studying and by their own count ry, with regard to access to education, 
financial assistance and other benefi ts, and recognition of diplomas.  
The paper does not examine the question of the recognition of qualifica tions for professional 
purposes, which is regulated by a separate le gal framework under the European Parliament 
and Council Directive 2005/36/EC, referring to  this only when th ere is an impact on 
recognition for academic purposes.  
                                                
 
2 Relevant Treaty articles are included in Annex III. 
3 Renamed 'European Union' by the Treaty on the Functioning of the European Union as from 1 
December 2009. 
EN 4   EN 2. ACCESS TO EDUCATION  
2.1. The right to free movement 
The first question for any student or trainee planning to  travel to another EU country to study 
is the issue of whether, in fact, they have th e right to do so, as citizens of another Member 
State. 
Union law is clear on this point: EU students ha ve the right to free movement in all Member 
States: they may not be refuse d access to education or traini ng in another EU country on 
account of their nationality. 
The grounds for establishing students' right to free movement have evolved over time. 
European Union powers in education - includ ing the EU's role of encouraging learning 
mobility - were initially, in the Treaty establishing the European Community, limited to 
vocational training (then Article 128 EEC). However, once the Cour t of Justice began to hear 
individual cases of discrimination in access to vocational training and general education from 
the early 1980s, the right of a student, whether in  general, vocational or university education, 
to move freely throughout the Union for st udy purposes was affirmed progressively by 
various court judgments. 
• In its Forcheri  decision4, the Court held that it is disc riminatory for a Member State to 
charge enrolment fees for voc ational training courses to a national of another Member 
State (in this instance, the wife of a worker in the first Member State) if its own nationals 
are exempt from these fees.  
• In the landmark Gravier  decision5, the Court held that alth ough educational organisation 
and policy were not as such entrusted to the Community institutions by the Treaty, the 
conditions of access to vocational training (accord ing to the Court, any form of education 
which prepares for a profession, trade or empl oyment) fell within the scope of the Treaty. 
This was the case even though the student conc erned had migrated purely for the purposes 
of study. 
• In the Blaizot decision6, the Court confirmed that hi gher education and university 
education came under the umbrella of vocational training. 
The Maastricht Treaty took two further steps forward. It extended the remit of EU action on 
education – giving the EU the role of encourag ing cooperation between the Member States in 
education; and of encouraging mo bility of students and teachers7. And it introduced the 
concept of European citizenship – all Member  State nationals are EU citizens, with the 
freedom to move and reside anywhere in the Union8.  
                                                 
4 Judgment of the Court of 13 July 1983, Forcheri , Case 152/82, ECR 1983 02323. 
5 Judgment of the Court of 13 February 1985, Gravier , Case 293/83, ECR 1985 00593. 
6 Judgment of the Court of 2 February 1988, Blaizot , Case 24/86, ECR 1988 00379. 
7 Then Article 126 TEC; now Article 165 of the Treaty on the Functioning of the European Union 
(TFEU). 
8 See Articles 20 and 21 TFEU. 
EN 5   EN 2.2. Obstacles to free movement – dire ct and indirect discrimination 
EU citizenship not only includes the freedom to move and reside anywhere in the Union; it 
also means that everyone should be treated the same, irrespective of th eir nationality. These 
rights have been underlined by th e Court of Justice ove r the years, in cases  where EU students 
studying, or wanting to study, in an other EU country have been met with obstacles that run 
counter to the principle of equal treatment. 
• In the Grzelczyk  decision9, the Court said that Union citi zenship is destined to be the 
fundamental status of nationals of the Memb er States. Therefore, a French national who 
was studying in Belgium could not be refu sed, purely on the basis of his nationality, a 
minimum subsistence allowance, to which all Belgians were entitled. 
The Treaty explicitly prohibits discrimination on grounds of nati onality within the scope of 
the Treaty (Article 18 TFEU). Direct disc rimination occurs where people are treated 
differently on the basis of their nationality, or on the basis of a characteristic which cannot be 
separated from their nationality. This kind of discrimination can only be justified on the basis 
of explicit derogations from the Treaty. Any de rogations are interpreted very strictly by the 
Court of Justice, since discrimination on grounds of nationality  is contrary to the fundamental 
principles of the EU. 
Indirect discrimination occurs where some other criterion is applied but with the result that a 
substantially higher proportion of  one nationality is affected. For example, a measure which 
distinguishes between people on the grounds of wh ether they have their residence in a given 
Member State is likely to have a negative eff ect on nationals of other Member States, since 
non-residents are, in the majo rity of cases, foreigners. 
Treating people differently on these grounds can only be justified if the Member State can 
show that it is based on objective consideratio ns independent of nationality, and that it is 
proportionate to the legitimate aims in que stion – it cannot go beyond what is strictly 
necessary for that purpose. 
• In the Bressol  decision10 the Court held that setting a quota of 30% for non-resident 
students in certain courses of study indirectly  discriminated against nationals from other 
Member States. Since any such restriction on a ccess imperils the fundamental right to free 
movement, the Court's interpre tation is very strict. The only ground that the Court has 
accepted for such discrimination is the need to  protect public health; but the Member State 
would have to prove – via an objective, detail ed analysis supported by solid and consistent 
data – that public health was in danger and th at the restrictive measures were a necessary 
and proportionate way of protecting it. 
                                                 
9 Judgment of the Court of 20 September 2001, Grzelczyk , Case C-184/99 ECR 2002 I-00663  
 'Union citizenship is destined to be the fundamental  status of nationals of the Member States, enabling 
those who find themselves in the same situation to enjoy the same treatment in law irrespective of their 
nationality, subject to such exceptions as are expressly provided for' (paragraph 31). 
10 Judgment of the Court of 13th April 2010, Bressol , Case C-73/08. 
EN 6   EN 2.3. Residence rights for students 
In order for students to take up their study place abroad, they mu st of course feel confident 
that they have a right to resi dence in the EU countr y concerned. Thanks to  the clear regulatory 
framework that exists, in practice EU st udents have few problems in this area.  
• Following on from the Court rulings on students' right to equal treatment in access to 
education, the Court also found in the Raulin  case that a student's right to access included 
the right to residence in another Me mber State for the purposes of studying11. 
It is as EU citizens that stude nts – and their families – have the right to move and reside 
anywhere in the Union. These rights are set out in Directive 2004/38/E C (on the rights of 
citizens of the Union and their family members to  move and reside freely within the territory 
of the Member States)12. 
EU students 
Any EU student has a right to enter another EU country and to  stay there for up to three 
months, provided they hold a va lid identity card or passport. 
Any EU student has the right to stay in anot her Member State for longer than three months, 
once they fulfil certain conditions. They must: 
• be enrolled in a course of study at an educati onal establishment, whet her private or public, 
accredited or financed by the host Member State 
• have comprehensive sickness insurance cover in  the host Member State, and must inform 
the relevant national authority in  line with the national rules 
• have enough resources not to become an unr easonable burden on the social assistance 
system of the host Member State. 
Depending on the Member State, the student may be required to register w ith the authorities.  
                                                 
11 Judgment of the Court of 26 February 1992, Raulin , Case C-357/89, ECR 1992 I-01027. Following the 
case law establishing the right to equality of treat ment regarding the conditi ons of access to vocational 
training, higher education and university education, the Court held in the early 1990's that this right 
applied not only to the requirements laid down by th e educational establishment in question, such as 
enrolment fees, but also an y measure that may prevent the exercise of that right. The Court decided that 
the principle of non-discrimination with regard to conditions of acce ss to vocational training deriving 
from Articles 18 and 166 TFEU (ex Articles 7 and 128 EEC) implied that a national of a Member State who has been admitted to a vocational training course in another Member State enjoys, in this respect, a 
right of residence for the duration of the course. 
12 Directive 2004/38/EC of the Europ ean Parliament and the Council of 29 April 2004 on the right of 
citizens of the Union and their family members to move and reside freely within the territory of the 
Member States, OJ 2004 L 229, p. 35. See Articles 6 and 7 of the Dir ective. In accordan ce with Article 
7(4) of this Directive, Member States have the option to limit the family members who have a right to 
join or accompany an EU citizen who move for study purposes to the spouse, the registered partner and 
dependent children. See Annex II for more detail.  
EN 7   EN Like any other EU citizen, a student who has re sided legally for a continuous period of five 
years in the host Member State acquires the right to live there permanently and the right to be 
treated exactly the same as local students13. 
In general terms, the members of the student's  immediate family have  the right to accompany 
him or her, although different conditions apply, depending on whether the family members 
are EU nationals or not. See A nnex II for further information on the rights of family members. 
Non-EU students 
Non-EU students also have the right to trav el to the EU for study purposes, under certain 
conditions. Their situation is dealt with in Council Directive 2004/114/EC14, which aims to 
harmonise national legislation in this ar ea. See Annex II for further information15.  
According to the Directive, Member States must facilitate admi ssion for non-EU national 
students taking part in EU mobility programmes16. However, the Commission is concerned in 
certain cases about the length of  procedures for delivering vi sas to enter EU countries for 
those students, which has sometimes preven ted students from benefitting from EU 
programmes.  
2.4. Tuition fees 
Whether or not tuition fees are charged varies  from Member State to Member State. Equally, 
loans or grants to help meet the cost of tui tion fees may also be available in some Member 
States. In either case, where either fees or tui tion fee loans/grants exist, students from an EU 
country have the same rights and/or obligations  as local students – both, to pay the fees 
charged, and to receive a tuition fee loan/grant from the Member State where the student will 
study. 
• In the Brown  decision, a student with French nationa lity wished to study in Scotland. The 
Scottish authorities refused him a 'student's a llowance' comprising the payment by the state 
of his tuition fees. The Court held that the principle of non-discrimination applied where 
the assistance was intended to cover the costs of access to education – so, he was entitled 
to have tuition fees paid on his behalf17.  
This is because a tuition fee loan or grant form s part of the conditions of access to education. 
Therefore, to prevent students studying abroad  from having access to such financial support 
would be to discriminate on the grounds of nationality, which woul d run counter to the 
prohibition of such discri mination in the Treaty. 
                                                 
13 See Article 16 of the Directive. 
14 Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country 
nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. In accordance with the Protocols on the position of th e United Kingdom, Ireland and Denmark annexed to 
the Treaty on European Union and to the Treaty establishing the European Community, these Member 
States are not bound by Council Directive 2004/114/EC or subject to its application 
15 In accordance with Article 21 of the Directive, the Commission is to  present a report on the application 
of the Directive this year. 
16 Article 6(2). 
17 See ECJ decisions of 21 June 1988, Lair, Case 39/86, ECR 1988 03161, paragraph 16; and Brown, case 
197/86, ECR 1988 03205, paragraph 17. 
EN 8   EN The rules on tuition fee loans/grants are different from maintenance loans/grants, which are 
dealt with in Chapter 3. 
2.5. Language requirements 
Students travelling abroad for study or vocationa l training may have to show knowledge of 
the host country language, and may have to take a test in order to be accepted by a university 
or higher education institution. 
While a Member State is entitl ed to stipulate a certain leve l of language knowledge – whether 
for an individual to practise a profession or to take a course of study – the requirements have 
to be proportionate. In other words, the level of language knowledge th at the student has to 
demonstrate should be enough to meet the purpose, but need not go beyond that. 
• In the Angonese  decision18, a bank in the German-speaking region of Bolzano in Italy 
required all applicants for employment to have a certain certificate proving that they were 
bilingual in German and Italian. The Court sa id that only allowing proof of language skills 
via one particular certific ate (which could only be acquired in Bolzano) was 
disproportionate. The Commission considers that  the same principle applies to language 
tests for access to education.  
2.6. Distance learning 
Distance learning is formal learning, where stude nt and instructor are in different geographic 
locations and usually communicate today via ICT. Students do not ha ve to travel physically to 
another country for distance learning; but stude nts wanting to access distance learning from 
another Member State might stil l be discriminated against, either in terms of access to 
distance learning, or for the payment of tuition fees. 
There is as yet no case-law covering distance learning. But the Union has a specific objective 
of encouraging distance education (a rticle 165, para 2, sixth indent TFEU)19 which thus brings 
distance learning within the scope of non-discrimination. 
Equal treatment is guaranteed under the Treaty, i rrespective of whether the institution offering 
distance learning is commercial (providing a servi ce in return for payment), or not-for-profit. 
A commercial institution offeri ng distance learning across borders  is part of the internal 
market. The free movement of serv ices across national borders is one of the 'four freedoms' of 
the internal market, guara nteed under Article 56 TFEU20. Therefore, a student wishing to 
access for-profit distance learning from any EU Member State has the right to be treated on 
the same basis as a local student, since a ny difference in treatment would amount to a 
disruption of the internal market. 
                                                 
18 Judgment of the Court of 6 June 2000, Angonese , Case C-281/98, ECR 2000 I-04139. 
19 "Union action shall be aimed at:…encouragin g the development of distance education,…". 
20 " Article 56 (ex Article 49 TEC). 
 Within the framework of the provisions set out below, restrictions on the freedom to provide services 
within the Union shall be prohibited in respect of nationals of Member State who are established in a 
Member State other than that of the pers on for whom the services are intended. 
 The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, 
may extend the provisions of the Chapter to nationals of a third country who provide services and who 
are established within the Union". 
EN 9   EN Cross-border distance learning offered by a not-for-profit e ducational institution (one 
financed essentially out of public funds) is not a service in this sense. However, as citizens of 
the EU, students who want to access distance  learning offered in another Member State 
cannot be discriminated against on grounds of nationality (Articles 18 and 20 TFEU). Thus 
the distance learning should be offered on the sa me basis to any student within the EU, no 
matter what is their Member State of origin. 
3. RIGHTS OF STUDENTS IN THE HOST MEMBER STATE  
3.1. Eligibility for benefits  
Once a student takes up their study place in an other EU country, their student status may 
make them eligible for certain benefits or for preferential access to particular goods and 
services – for example, reduced-cost pub lic transport or student accommodation.  
Access to these types of benefit was initiall y based on the legislation for EU migrant 
workers21, which was also extended to workers' fa mily members by the Court of Justice. 
However, with the establishment of Union c itizenship under the Maastricht Treaty, it is as 
citizens of the Union, and not just as EU migran t workers, that people now have the right to 
move and reside freely within the territory of Member States22. EU students who are studying 
abroad thus have the same right to access bene fits as local students do, except where a benefit 
is expressly exempted from the principle of equal treatment, as in  the Directive 2004/38/EC23. 
3.2. Differential access to maintenance grants and loans 
Financial help from the home Member State 
Many Member States provide lo ans or grants to help students with their living costs 
('maintenance costs') when studying. In some cas es students might have access to this type of 
assistance when studying abroad (t he principle of 'portability' of  grants or loans). Under the 
current law, Member States are free to deci de whether to allow this. According to the 
Eurydice network, few Member States allow fo r full portability of maintenance aid in 
                                                 
21 Article 7 of Regulation 1612/68 provides that: "1. A worker who is a national of a Member State may 
not, in the territory of another Member State, be treated differently from national workers by reason of 
his nationality in respect of any conditions of employment and work, in particular as regards 
remuneration, dismissal, and should he become unemployed, reinstatement or re-employment; 
 2. He shall enjoy the same social and tax advantages as national workers". 
22 Articles 20 and 21 TFEU. 
23 "Article 24: 
 1. Subject to such specific provisi ons as are expressly provided for in  the Treaty and secondary law, all 
Union citizens residing on the basis of this Directiv e in the territory of the host Member State shall 
enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. The 
benefit of this right shall be extended to family members who are not nationals of a Member State and 
who have the right of residence or permanent residence. 
 2. By way of derogation from paragraph 1, the host Member State shall not be obliged to confer 
entitlement to social assistance during the first three months of residence or, where appropriate, the 
longer period provided for in Artic le 14(4)(b), nor shall it be obliged, prior to acquisition of the right of 
permanent residence, to grant maintenance aid for studies, including vocational training, consisting in 
student grants or student loans to persons other than workers, self-employed persons, persons who 
retain such status and members of their families." 
EN 10   EN practice24. This can present a significant disincen tive to nationals wishing to study abroad. 
However, if they do allow for such portability, th ey must make sure that the eligibility rules 
do not unduly restrict a student's right to free movement within the EU.  
• This was decided in the Morgan  judgment25. The rule contested in that case said that 
students could be given a gran t for studies abroad only if these were a continuation of 
studies of at least one year in their home c ountry. The Court held th at this condition was 
likely to discourage citizens from studying abro ad because of the costs and inconvenience 
which it could cause. 
If a Member State provides grants to its nati onals for distance learni ng courses in its own 
territory, it must also provide them for distan ce studies at an institution in another Member 
State, under the same conditions. 
Financial help from the host Member State 
• In the Bidar  ruling26, the Court said that maintenance grants and loans came within the 
'scope' of the Treaty – whic h means that, in principle , an EU citizen cannot be 
discriminated against in this area. However, it also recognised that Member States should 
not have to take on the unreasonable burden of giving financial assistan ce to students from 
another Member State who have  no link with that country, other than having decided to 
move there for study purposes . 
Directive 2004/38/EC explicitly excludes maintenance grants and loans from the principle of 
equal treatment27. This means that Member States are not obliged to extend grants or loans for 
maintenance to students from another Member St ate, unless they have been living there for a 
certain length of time. However, once a student, after five years' residence in accordance with 
Directive 2004/38/EC, has obtained the right of permanent reside nce, he or she has exactly 
the same rights as a local student. 
Another reason behind this exemp tion is to avoid a situation where an individual could benefit 
twice over from a student grant or loan, if th ey can take the grant from their home country 
with them. One State loan or gr ant cannot be added to another State's funding, if they target 
the same study objective.  
• In the Förster  decision28, the Court stated that a condition of five years' prior residence 
could not be held to be an excessive period of  time for a non-national to become integrated 
in the host Member State29. 
                                                 
24 Of the 27 EU Member States, only 3 provide support to students studying anywhere in the European 
Higher Education Area, without additional conditions to those which apply when they study in their 
home country - Belgium (German-speaking Community), Luxembourg and the Netherlands. Four 
Member States do not provide for portability at all- Italy (with the exception of two autonomous 
regions), Latvia, Poland, and Romania. See Eurydice Report on Higher Education in Europe: 
Developments in the Bologna Process (March 2009) for more details. 
25 Judgment of the Court of 23 October 2007, Morgan and Bucher , Joined cases C-11/06 and 12/06, ECR 
2007 I-09161. 
26 Judgment of the Court of 15 March 2005, Bidar , C-209/03, ECR 2005 I-02119. This case was decided 
after the Directive was drawn up but before it could be enforced by the Court.  
27 See footnote 23. 
28 Judgment of the Court of 18 November 2008, Förster , C-158/07, ECR 2008 I-08507. 
EN 11   EN 3.3. Reduced-cost public transport  
This is a fairly common student benefit in many Member States. However, the Commission 
has been contacted by students st udying abroad who have been denied this benefit, on the 
grounds that they are not nationals of the Memb er State, or have not fulfilled the conditions 
for permanent residence.  
The Commission considers that reduced-cost pub lic transport qualifies as 'maintenance aid' 
under Article 24 of Directive 2004/3 8/EC. However, since it is not  a student grant or loan, it 
cannot be withheld from stude nts on grounds of nationality. 
3.4. Student accommodation  
This is another area where the Commissi on has received complaints. The Commission 
response is that EU students are entitled to have  access, on the same terms as local students, to 
accommodation offered exclusively to students by the Member State, or by organisations 
acting on its behalf.  
3.5. Tax benefits in the Me mber State of origin 
The Member State of origin may grant tax benefits  to students or their families, allowing 
them to deduct study expenses from taxable inco me. While this applies principally to students 
studying in their home country, the expenses of  studying in another Member State are also 
tax-deductible, within reasonable limits (Member St ates are entitled, for example, to place an 
upper limit on the amount of tuition fees deductibl e in order to avoid an excessive financial 
burden). 
• In the Schwarz  decision30, the Court held that a Member State which allowed a child's 
school fees to be deducted from their parent's  income tax, but only if the child went to 
school in that Member State, restricted th e child's right to freedom of movement.  
Rights of non-EU students ('third-country nationals') 
Non-EU students have the right to study in th e Union provided they fulfil certain conditions, 
which will vary according to their status and to  the legislation of the host Member State (e.g. 
they may be excluded by quota mechanisms).  However, the right to study does not 
automatically confer other rights that EU student s enjoy (e.g. the right to pay the same tuition 
fees as local or EU nationals; the right to reduce d transport costs, etc.).  However, outside their 
study time and as from their second year of reside nce, students must be allowed to work for a 
minimum of 10 hours per week, or the equi valent in days or months per year31. 
Non-EU nationals who fulfil the conditions for long-term residence acquire the right to be 
treated in principle exactly the same as local students. 
See Annex II for further information. 
                                                                                                                                                         
29 At paragraph 54 of the judgment. 
30 Judgment of the Court of 11 September 2007, Schwarz and Gootjes Schwarz , Case C-76/05, ECR 2007 
I-06849. 
31 Article 17 of Directive 2004/114/EC. 
EN 12   EN 4. RECOGNITION OF QUALIFICATIONS  
4.1. Establishing academic recognition 
Once a student has successfully completed their st udy period abroad, they are entitled to some 
form of certification from the university where th ey have studied – whether this is a diploma 
or degree, or a statement of the learning undert aken. The issue then arises of having this 
document recognised, either on returning to the home country, or in another Member State. 
This is a vital stage, but also one where difficu lties can arise. Every EU  country has its own, 
unique education system, so there is a great deal of variety, both in terms of what is learned, 
and in the diplomas awarded.  
There is an EU-wide system of mutual re cognition of qualifications for the purpose of 
carrying out a profession, laid down in Eu ropean Parliament and Council Directive 
2005/36/EC32. This applies to 'regulated' professions , i.e. professions which cannot be taken 
up or practised in the host Member State wit hout certain specified pr ofessional qualifications, 
and to citizens who are fully qualified to practi se a profession in one  Member State and who 
wish to practise the same profession in another Member State. Whether a profession is considered 'regulated' will depend on the law of the Member State where the citizen wishes to 
practise their profession
33.  
In contrast, this document will deal rather with the more general question of academic 
recognition (recognition for the purposes of  further study) of diplomas and study 
periods abroad . Academic recognition may also be usef ul for people seeking employment in 
non-regulated professions, as it can help potential employers unders tand the value of a 
candidate's foreign qualification. Because of the variety of education sy stems, establishing 
whether a diploma gained in one country is equiva lent to one gained in another country can be 
time-consuming and potentially contentious. Many of  the letters, complaints and petitions that 
the Commission receives from students conc ern issues of academic recognition (although it 
should be remembered that in the vast majori ty of cases, recognition is a smooth process: 
these complaints in fact represent only a tiny proportion of the very la rge numbers of students 
who actually take up study mobility opportunities).  
4.2. Member States' and the European Union's responsibilities 
Academic recognition is the respon sibility of the Member States ; however, they must exercise 
this competence in accordance with EU law. This means that in refusing to recognise a 
diploma, they cannot discriminate on grounds of nationality or hinder a ci tizen's right to free 
movement. In a 2001 Recommendation on mobility for students, persons undergoing training, 
volunteers, teachers and trainers, Member States were called on to  take appropriate measures 
so that the decisions of the authorities responsible for academic recognition are adopted 
                                                 
32 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the 
recognition of professional qualifications,  OJ L 255 , 30/09/2005 P. 0022 – 0142. Further information 
on the rules for the recognition of qualifications for professional purposes may be found at http://ec.europa.eu/internal_market/qualifications/index_en.htm 
33 To find out whether a profession is regulated in a particular country, you can consult 
http://ec.europa.eu/internal_market/qualifica tions/regprof/index.cfm?fuseaction=home.home 
EN 13   EN within reasonable timescales, are justified and can be subject to administrative and/or legal 
appeal34.  
As well as this, the Treaty explicitly opens Unio n action, not just to en couraging mobility of 
students and teachers, but also to encouragin g the academic recognition of diplomas and 
periods of study35. The importance of this issue has le d the Commission to tackle it on a 
number of fronts. 
4.3. EU soft law 
The Commission has set up a network of Nati onal Academic Recognition and Information 
Centres (NARIC)36 to provide information on the recogni tion of qualifications gained abroad. 
NARIC aims at improving academic recognition of  diplomas and periods of study within the 
EU, the European Economic Area (EEA) countries and Turkey.  
NARIC centres in all member c ountries can provide students, hi gher education institutions or 
employers with authoritative advice and info rmation concerning the academic recognition of 
diplomas and periods of study undertaken in other States.  
Institutions of higher education are larg ely autonomous, taking their own decisions on 
admitting foreign students and on granting students exemptions from parts of study programmes on the basis of education undertaken  abroad. As a result, most NARICs do not 
take a decision, but offer on request information and advice on foreign education systems and 
qualifications. 
The Commission has also developed a number of tools for EU-wide use all of which aim, in 
one way or another, to demystify and give re cognition to the learning that takes place in 
another European country: 
• European Qualifications Framework: a device which relates different countries' 
qualifications to a common European referen ce framework. When it is fully implemented, 
it should make it easy to compare the level of  qualifications from different EU Member 
States. 
• Diploma Supplement: a document attached to  a degree or diploma which gives a 
description of the content and level of the studi es carried out. It is up to the university or 
other institution which issues the diploma wh ether to attach a diploma supplement, but 
institutions are strongly encour aged to do so. Minister s in charge of high er education of the 
countries participating in the Bologna Process (including all EU Member States) decided in 
                                                
 
34 Recommendation of the European Parliament and the Council of 10 July 2001 on mobility for students, 
persons undergoing training, volunteers, teachers and trainers (2001/613/EC), OJ L 215, 09/08/2001, p. 30. 
35 Article 165: 
 Union action shall be aimed at: 
 - developing the European dimension in education,  particularly through th e teaching and dissemination 
of the languages of the Member States 
 - encouraging mobility of studen ts and teachers, by encouraging in ter alia, the academic recognition of 
diplomas and periods of study,… 
36 www.enic-naric.net/ 
EN 14   EN 2003 that as from 2005, every graduating stude nt should receive the Diploma Supplement 
automatically and free of charge, issued  in a widely spoken European language37.  
• European Credit Transfer and Accumulation Syst em: this allows students to collect credits 
for learning achieved for highe r education, based on the learning outcomes and workload 
of a particular course. Most Member States  have introduced ECTS into their national 
higher education legislation for study programmes of the first and second cycles (Bachelor 
and Master).  
All of these tools can then help universities or  employers in other EU countries to understand 
the qualification that a graduate holds.  
4.4. EU legal measures 
In certain exceptional cases, the Commission has opened infringement procedures against 
Member States. These procedures do not necessari ly reach the Court, since the issue is often 
resolved in dialogue with the Member State. 
Over the years, several cases based on the recognition of professi onal qualifications under 
Directive 89/48/EC (now 2005/36/EC, see above), or Treaty provisions, indirectly refer to 
academic recognition, and the principle of free movement of EU citizens which underpins it. 
• For example, the Commission considered that  a government was charging excessive fees 
for the act of recognising qualif ications gained in another Member State. If the amount 
charged is demonstrably higher than the actual administrative costs involved, the 
Commission considers that these higher cost s may be penalising the student for having 
chosen to study abroad, making this leve l of fees incompatible with EU law38.  
• In a Commission v Spain  decision, engineers were being denied promotion on the grounds 
that their qualifications had been obtained in another Member Stat e. The Court emphasised 
that promotion within the public service, wher e a worker practised a 'regulated profession' 
under the recognition of professi onal qualifications directive, cannot be  contingent on 
having to seek academic equivalence, in  addition to professional recognition39.  
• In a Commission v Greece  ruling40, a State refused consistently to recognize diplomas from 
franchised universities. These are instituti ons which have made an agreement with a 
foreign university where the trai ning is provided in the franchised establishment, but is 
validated by the training instit ution situated in the other Me mber State and the qualification 
is awarded by that institution. Diplomas from these universities are th erefore qualifications 
from another Member State. The Court held th at it is the Member St ate issuing the diploma 
that has the right to assess the quality of the education. Since they are qualifications from 
another Member State, diplomas from th ese institutions can fall under Directive 
                                                 
37 Berlin Communiqué, 
http://www.ond.vlaanderen.be/hogeronderwijs/bologna/documents/MDC/Berlin_Communique1.pdf 
38 The Commission's reasoning was based by analogy on the judgment of the Court in D'Hoop  of 11 July 
2002, case C-224/98, ground 31. ECR 2002, p. I-06191. 
39 Judgment of the Court of 23 October 2008, Commission v Spain , case C-286/06, ECR 2008, p. I-08025 
See operative part of the judgment. Similar decision in Order of the Court of 13 November 2008, Maria 
Kastrinaki , joined cases C-180/08 and C-186/08, ECR 2008 I-00157. 
40 Judgment of the Court of 23 October 2008, Commission v Greece , case C-274/05, ECR 2008, p. I-
07969. 
EN 15   EN 2005/36/EC under certain conditions41. The Greek authorities were therefore obliged to 
recognise them for the purposes of access to a regulated profession. The same principle 
applies to qualifications awarded by distance learning.  
• In addition, any blanket ban that refuses to re cognise diplomas from franchise universities 
is likely to deter students from attending these courses and thus hinder the freedom of 
establishment of the university42.  
• Lastly, it was decided in the Kraus  ruling that Member States can  require their nationals to 
have administrative authorisation to use an academ ic title (such as 'Dr.'). This is due to the 
need to protect the public against abuse of academic titles which might not have been 
properly awarded. But the procedure for aut horisation must be fair and proportionate43. 
5. CONCLUSION  
As this paper shows, the Treaties, as interpre ted by court decisions, ha ve established certain 
rights of migrant students.  
• On applying to a university or other educati onal institution abroad, EU citizens should be 
admitted on the same terms as local applicants.  
• Tuition fees should be at the same level for al l EU students, and tuit ion fee loans, where 
they exist, should be available on the same basi s to all, including for distance education.  
• If a student needs financial support while studyi ng abroad, they may be able to get a grant 
from their own government, and governments who make grants po rtable may not put 
disproportionate conditions on that portability. However, gove rnments do not have to make 
maintenance loans available to students who have travelled to  their country to study, unless 
they have the status of permanent residents. 
• If the course a student wishes  to take is through a langua ge which is not their first 
language, the university may require them to show language  qualifications or to take a 
proportionate language test to make sure they  will be able to complete the course.  
• Once in the new country, students must be trea ted in the same way as local students.  
• When they return to their own country, and wa nt recognition of the qualifications granted 
abroad, the authorities must ensu re that they are not penalised for having made use of their 
right to mobility.  
Despite the comprehensive legal framewor k which favours student mobility, problems 
continue to arise in many indi vidual cases because the rule s are not properly applied. The 
                                                 
41 For the Directive to apply to a 'franchised diploma', the training given in the franchised establishment 
must have been formally validated by the institution that awards the diploma. The 'franchised' diploma 
must also be the same as the diploma awarded when the training is undertaken completely within the 
Member State where the establishmen t that awards the diploma is si tuated. Lastly, the 'franchised' 
diploma must give the same access rights to th e profession in the Me mber State where the 
establishment that awards the diploma is situated. 
42 Judgment of the Court of 13 November 2003, Valentina Neri , case C-153/02, ECR 2003, p. I-13555. 
43 Judgment of the Court of 31 March 1993, Kraus , case C-19/92, ECR 1993 Page I-01663. 
EN 16   EN Commission services hope that th e present guidance will help to  bring added clarity, thereby 
making easier the exercise by ci tizens of their right to free movement for education.  
These requirements are minimum standards. Memb er States remain free to go beyond what is 
strictly necessary under the law and to take  other measures to encourage mobility; for 
example, in some countries, any EU student can be provided with a grant, regardless of how 
long they have been living there44. The Union's objective is to significantly increase learning 
mobility and therefore the Comm ission strongly encourages such action. The Commission 
services will continue to work with the Member States to resolve individual cases in light of 
the principles set out in this paper. 
Alongside the legal framework described above, a number of practical obs tacles continue to 
hinder student mobility. A European Parliament and Council Recommendation from 200145 
called on Member States to remove such obstacl es to mobility, inter alia by making it easier 
for students to draw down ho me-country scholarships and national aids when studying 
abroad; to consider to what extent mobile st udents could benefit from the host State's support 
for students; and to facilitate academic r ecognition in the home Me mber State of study 
periods abroad. A 2006 Recommendation encourag ed Member States to adopt a Quality 
Charter for Mobility46. As part of the Youth on the Move Package , the Commission is putting 
forward a proposal for a Council Recommendati on on promoting the learning mobility of 
young people. The proposal will tackle issues  such as the provision of information on 
opportunities for learning mobility, on linguistic a nd cultural preparations for mobility with 
curricula, improving the quality of mobility, and encouraging mobility partnerships between 
various stakeholders.  
                                                 
44 Students should check with the national authorities to find out what they are entitled to. Some useful 
links and other information can be found on the Europa website at  
http://ec.europa.eu/youreurope/citizens/educati on/university/fees/inde x_en.htm?profile=0 
45 Recommendation of the European Parliament and of the Council of 10 July 2001 on mobility within the 
Community for students, persons und ergoing training, volunteers, teach ers and trainers (2001/613/EC). 
46 Recommendation of the European Parliament and of the Council on transnational mobility within the 
Community for education and training purposes: European Quality Charter for Mobility (2006/961/EC). 
EN 17   EN ANNEX I: RIGHTS OF ERASMUS STUDENTS  
In addition to the general rights outlined in the paper, students participating in the EU's 
Erasmus Programme have the right to expect the following under the Erasmus Student Charter: 
• Your home and host universities to have  an inter-institutional agreement.  
• The sending and receiving institutions to  sign with you and before you leave a 
Learning/Training Agreement setting out the details of your planned activities abroad, 
including the credits to be achieved.  
• Not to have to pay fees to your host university for tuition, registration, examinations, 
access to laboratory and library facili ties during your Erasmus studies.  
• Full academic recognition from your home univers ity for satisfactorily completed activities 
during the Erasmus mobility period, in accordance  with the Learning/Training Agreement.  
• To be given a transcript of records at th e end of your activities abroad, covering the 
studies/work carried out and si gned by your host in stitution/enterprise. This will record 
your results with the cr edits and grades achieved. If the placement was not part of the 
normal curricula, the period will at least be  recorded in the Diploma Supplement.  
• To be treated and served by your  host university in the same way as their home students.  
• To have access to the Erasmus University Charter and Erasmus Policy Statement of your 
home and host universities.  
• Your student grant or loan from your home c ountry to be maintained while you are abroad.   
EN 18   EN ANNEX II: FAMILY MEMBER S AND NON EU STUDENTS  
1. RIGHTS OF RESIDENCE  
Family members who have the right to accomp any or join EU students on the basis of 
Directive 2004/38/EC47: 
• the spouse, 
• the registered partner (if the legislation of  the host Member State treats registered 
partnerships as equivalent to marriage), 
• children under the age of 21 or dependants, including those of the spouse or partner, 
These family members, regardless of their nationa lity, have the right to reside with an EU 
student in another Member State, as long as the student fulfils the conditions in Article 7(1) of 
the Directive for a stay of longer than three months.  
Other dependant family members, such as parent s or grandparents, and partners that the host 
Member States do not recognise  as registered partnerships, do not have automatic right of 
residence, but the Member State's authorit ies should try to faci litate their entry and 
residence48. 
For family members who are not EU citizens  and not already residents of an EU country the 
host Member State may require them to apply fo r an entry visa which should be granted free 
of charge and without undue formalities. 
Non-EU students 
A non-EU student who wants to enter the EU for study purposes needs to fulfil certain 
conditions. They must: 
• have been accepted by an establishment of hi gher education to follow a course of study; 
• provide evidence of sufficient reso urces to cover subsistence, st udy and return travel costs;  
• have sickness insurance which covers the in dividual for the risks normally covered for 
nationals of the Member State;  
• provide evidence (if requested by the Member  State) of sufficient knowledge of the 
language in which the course is taught;  
• provide evidence (if requested by the Member State) that the study fees have been paid.  
Non-EU students also n eed to hold a valid travel documen t Member States may require the 
travel document to be valid for at least the duration of the planned stay 
                                                 
47 Article 7(4). 
48 Article 3(2). 
EN 19   EN Member States should try to facilitate admi ssion for non-EU students w ho are taking part in 
EU programmes that encourage mob ility towards or within the Union. 
The student should be issued with residence pe rmit valid at least one year, and renewable if 
the holder continues to meet  the required conditions. 
2. NON-EU  STUDENTS – RIGHTS OF LONG -TERM RESIDENTS  
Non-EU nationals who reside le gally for a continuous period of five years in a Member State 
acquire the status of long-term resident49. However, special condi tions apply to non-EU 
nationals who reside for the pur poses of study. In order to appl y for the status of long-term 
resident, they must have acquire d a title of residen ce (for example, a re sidence permit granted 
on the basis of permanent work) which enables them  to be granted this status. In that case, 
only half of the periods of residence for st udy purposes or vocational training may be taken 
into account in calculati ng the five-year period.  
Long-term residents have the right to be treated  the same as nationals in the Member State 
which is their registered or usual place of re sidence as regards, inter alia, education and 
training (including in access to study grants50), social assistance51 employment and social 
security in accordance with national law. Howeve r, in the same way as residents of other EU 
Member States, they may have to show proof  of language proficiency for study purposes. 
A long-term resident may travel to a nother Member State for study purposes. 
They can acquire the right to reside in the la tter Member State for longer than three months, 
once they fulfil certain conditions. They must: 
• have stable and regular resources so as to be able to maintain themselves and their family, 
without calling on the Member State's social assistance;  
• have sickness insurance covering a ll risks in the second Member State;  
• provide evidence (if required by the second Member State) that  they are enrolled in an 
accredited establishment.  
As soon as a  non-EU national is granted the status of long-term resident in the second 
Member State, he/she must enjoy equa l treatment in that Member State.  
                                                 
49 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals 
who are long-term residents.  In accordance with the Protocols on the position of the United Kingdom, 
Ireland and Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, these Member States are not bound by Dir ective 2003/109/EC or subject to its 
application 
50 However, the notion of study grants in the field of vocational training does not cover measures which are financed under social assistance schemes. Moreov er, Member States may ta ke into account the fact 
that Union citizens may benefit from this same advantage in the country of origin. 
51 In this matter, Member States are entitled to limit th e benefits for long-term residents to core benefits 
(minimum income support, assistance in case of illn ess, pregnancy, parental assistance and long-term 
care). 
EN 20   EN ANNEX III: EXTRACTS FROM THE TREATY ON THE FUNCTIONING OF THE 
EUROPEAN UNION  
Article 18 (ex Article 12 TEC) 
Within the scope of applica tion of the Treaties, and without  prejudice to any special 
provisions contained therein, any discri mination on grounds of nationality shall be 
prohibited. 
The European Parliament and the Council, acting in accordance with the ordinary legislative 
procedure, may adopt rules designed to prohibit such discrimination. 
Article 20 (ex Article 17 TEC) 
1. Citizenship of the Union is hereby established. Every person holding the nationality of a 
Member State shall be a citizen of the Union. Ci tizenship of the Union shall be additional to 
and not replace national citizenship. 
2. Citizens of the Union shall enjoy the rights an d be subject to the duties provided for in the 
Treaties. They shall have, inter alia: 
(a) the right to move and reside freely with in the territory of the Member States; 
(b) the right to vote and to stand as candidates in elec tions to the European Parliament and in 
municipal elections in their Member State of residence, under the same conditions as 
nationals of that State; 
(c) the right to enjoy, in the territory of a th ird country in which the Member State of which 
they are nationals is not represented, the pr otection of the diplom atic and consular 
authorities of any Member State on the same c onditions as the nationa ls of that State; 
(d) the right to petition the European Parlia ment, to apply to the European Ombudsman, and 
to address the institutions and adv isory bodies of the Union in any of the Treaty languages 
and to obtain a reply in the same language. 
These rights shall be exercised  in accordance with the cond itions and limits de fined by the 
Treaties and by the measures adopted thereunder. 
Article 21 (ex Article 18 TEC) 
1. Every citizen of the Union shall have the right to move and reside freely within the territory 
of the Member States, subject to the limitations a nd conditions laid down in the Treaties and 
by the measures adopted to give them effect. 
2. If action by the Union should prove necessary to attain this objective and the Treaties have 
not provided the necessary powers, the European Parliament and the Council, acting in accordance with the ordinary legislative proce dure, may adopt provisions with a view to 
facilitating the exercise of the ri ghts referred to in paragraph 1. 
3. For the same purposes as t hose referred to in paragraph 1 and if the Treaties have not 
provided the necessary powers, the Council, acting in accordan ce with a special legislative 
EN 21   EN procedure, may adopt measures concerning social  security or social protection. The Council 
shall act unanimously after consulting the European Parliament. 
Article 165 (ex Article 149 TEC) 
1. The Union shall contribute to the development of quality education by encouraging 
cooperation between Member States and, if nece ssary, by supporting and supplementing their 
action, while fully respecting the responsibility of the Member States for the content of 
teaching and the organisation of education syst ems and their cultural an d linguistic diversity. 
The Union shall contribute to the promotion of European sporting issues, while taking 
account of the specific nature of sport, its st ructures based on voluntary activity and its social 
and educational function. 
2. Union action shall be aimed at: - developing the European dimension in e ducation, particularly th rough the teaching and 
dissemination of the language s of the Member States, 
- encouraging mobility of students and teache rs, by encouraging inter alia, the academic 
recognition of diplomas  and periods of study, 
- promoting cooperation between educational establishments, 
- developing exchanges of information and exper ience on issues common to the education 
systems of the Member States, 
- encouraging the development of youth exchanges and of exchanges of socio-educational 
instructors, and encouraging the participation of  young people in democratic life in Europe, 
- encouraging the developmen t of distance education, 
- developing the European dimension in sport, by promoting fairness and openness in 
sporting competitions and cooperation betwee n bodies responsible for sports, and by 
protecting the physical and moral integrity of  sportsmen and sportswomen, especially the 
youngest sportsmen and sportswomen. 
3. The Union and the Member States shall fost er cooperation with third countries and the 
competent international organisations in the fi eld of education and sport, in particular the 
Council of Europe. 
4. In order to contribute to the achievement of  the objectives referred to in this Article: 
- the European Parliament and the Council, acting in accordance with the ordinary 
legislative procedure, after consulti ng the Economic and Social Committee and the 
Committee of the Regions, shall adopt incen tive measures, excluding any harmonisation of 
the laws and regulations of the Member States, 
- the Council, on a proposal from th e Commission, shall adopt recommendations. 
Article 166 
(ex Article 150 TEC) 
EN 22   EN 1. The Union shall implement a vocational  training policy which shall support and 
supplement the action of the Memb er States, while fully respect ing the responsibility of the 
Member States for the content and organisation of vocational training. 
2. Union action shall aim to: - facilitate adaptation to industrial changes, in particular through vocational training and 
retraining, 
- improve initial and continui ng vocational training in orde r to facilitate vocational 
integration and reintegrati on into the labour market, 
- facilitate access to vocational  training and encourage mobility  of instructors and trainees 
and particularly young people, 
- stimulate cooperation on training  between educational or trai ning establishments and firms, 
- develop exchanges of informati on and experience on issues comm on to the training systems 
of the Member States. 
3. The Union and the Member States shall fost er cooperation with third countries and the 
competent international organisations in  the sphere of vocational training. 
• 4. The European Parliament and the Council, acting in accordance with the ordinary 
legislative procedure and after consulting the Economic and Social Committee and the 
Committee of the Regions, shall adopt measures  to contribute to the achievement of the 
objectives referred to in this Article, excluding any harmonisa tion of the laws and 
regulations of the Member States, and the Council, on a proposal from the Commission, 
shall adopt recommendations.  
EN 23   EN  ANNEX IV: LIST OF MOST RELEVAN T CASE LAW RELATING  TO MOBILITY 
IN EDUCATION AND TRAINING  
Access to education  
Gravier v. City of Liège, Case 293/83 Blaizot v. University of Liège, Case 24/86  Lair v. Universität Hannover, Case 39/86 Brown v. The Secretary of St ate for Scotland, Case 197/86  
Commission v Belgium, Case C-65/03 Commission v Austria, Case C-147/03 Bressol and others v. Gouvernement de la Communauté française, Case C-73/08 
Maintenance grants/loans
 
Grzelczyk v. Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve, Case C-184/99 
D'Hoop v. Office national de l'emploi, Case C-224/98 Bidar v. London Borough of Ealing & Secretary of State for Education and Skills, Case C-
209/03 
Morgan v. Bezirksregierung Köln and Bu cher v. Landrat des Kreises Düren,  
Joined Cases C-11/06 and C-12/06 Förster v. Hoofddirectie van de Info rmatie Beheer Groep, Case C-158/07 
Recognition of qualifications
 
Kraus v. Land Baden-Württemberg, Case C-19/92 Neri v. European School of Economics, Case C-153/02 Commission v Greece, Case C-274/05 Commission v. Spain, Case C-286/06