Keywords

Summary



Keywords

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1 . PRELIMINARY QUESTIONS - INTERPRETATION - TEMPORAL EFFECTS OF JUDGMENTS BY WAY OF INTERPRETATION - RETROACTIVE EFFECT - LIMITS - LEGAL CERTAINTY - DISCRETION OF THE COURT IN THE PRELIMINARY RULING ITSELF - SUBSEQUENT RESTRICTION - NOT PERMISSIBLE

( EEC TREATY, ART . 177 )

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - VOCATIONAL TRAINING OFFERED IN ONE MEMBER STATE - REGISTRATION FEE OR "MINERVAL" CHARGED EXCLUSIVELY TO NATIONALS OF OTHER MEMBER STATES - PROHIBITED - ESTABLISHED IN A PRELIMINARY RULING - INTERPRETATION APPLICABLE TO APPLICATIONS FOR ADMISSION TO VOCATIONAL TRAINING COURSES PRIOR TO THE PRELIMINARY RULING

( EEC TREATY, ARTS 7 AND 177 )

3 . COMMUNITY LAW - DIRECT EFFECT - IMPOSITION OF A REGISTRATION FEE FOR VOCATIONAL TRAINING COURSES INFRINGING THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY - REPAYMENT - PROCEDURES - APPLICATION OF NATIONAL LAW - LIMITS

( EEC TREATY, ART . 7 )

Summary

1 . THE INTERPRETATION WHICH, IN THE EXERCISE OF THE JURISDICTION CONFERRED UPON IT BY ARTICLE 177, THE COURT OF JUSTICE GIVES TO A RULE OF COMMUNITY LAW CLARIFIES AND DEFINES WHERE NECESSARY THE MEANING AND SCOPE OF THAT RULE AS IT MUST BE OR OUGHT TO HAVE BEEN UNDERSTOOD AND APPLIED FROM THE TIME OF ITS COMING INTO FORCE . IT FOLLOWS THAT THE RULE AS THUS INTERPRETED MAY, AND MUST, BE APPLIED BY THE COURTS EVEN TO LEGAL RELATIONSHIPS ARISING AND ESTABLISHED BEFORE THE JUDGMENT RULING ON THE REQUEST FOR INTERPRETATION, PROVIDED THAT IN OTHER RESPECTS THE CONDITIONS ENABLING AN ACTION RELATING TO THE APPLICATION OF THAT RULE TO BE BROUGHT BEFORE THE COURTS HAVING JURISDICTION ARE SATISFIED .

IT IS ONLY EXCEPTIONALLY THAT THE COURT MAY, IN APPLICATION OF THE GENERAL PRINCIPLE OF LEGAL CERTAINTY INHERENT IN THE COMMUNITY LEGAL ORDER AND IN TAKING ACCOUNT OF THE SERIOUS EFFECTS WHICH ITS JUDGMENT MIGHT HAVE, AS REGARDS THE PAST, ON LEGAL RELATIONSHIPS ENTERED INTO IN GOOD FAITH, BE MOVED TO RESTRICT FOR ANY PERSON CONCERNED THE OPPORTUNITY OF RELYING UPON THE PROVISION AS THUS INTERPRETED WITH A VIEW TO CALLING IN QUESTION THOSE LEGAL RELATIONSHIPS . HOWEVER, SUCH A RESTRICTION MAY BE ALLOWED ONLY IN THE JUDGMENT RULING UPON THE INTERPRETATION SOUGHT .

2 . THE INTERPRETATION OF ARTICLE 7 OF THE TREATY TO THE EFFECT THAT THE IMPOSITION ON STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES OF A CHARGE, A REGISTRATION FEE OR THE "MINERVAL", AS A CONDITION OF ACCESS TO VOCATIONAL TRAINING, WHERE THE SAME FEE IS NOT IMPOSED ON STUDENTS WHO ARE NATIONALS OF THE HOST MEMBER STATE, CONSTITUTES DISCRIMINATIONON GROUNDS OF NATIONALITY CONTRARY TO ARTICLE 7 OF THE TREATY, APPLIES TO APPLICATIONS FOR ADMISSION TO VOCATIONAL TRAINING COURSES MADE PRIOR TO THE DATE OF THE JUDGMENT IN WHICH THE COURT GAVE THAT INTERPRETATION .

3 . THE RIGHT TO REPAYMENT OF AMOUNTS CHARGED BY A MEMBER STATE IN BREACH OF THE RULES OF COMMUNITY LAW IS THE CONSEQUENCE AND COMPLEMENT OF THE RIGHTS CONFERRED ON INDIVIDUALS BY THE COMMUNITY PROVISIONS AS INTERPRETED BY THE COURT . WHILST IT IS TRUE THAT REPAYMENT MAY BE SOUGHT ONLY IN THE FRAMEWORK OF THE CONDITIONS AS TO BOTH SUBSTANCE AND FORM LAID DOWN BY THE VARIOUS NATIONAL LAWS APPLICABLE THERETO, THE FACT NEVERTHELESS REMAINS THAT THOSE CONDITIONS MAY NOT BE SO FRAMED AS TO RENDER VIRTUALLY IMPOSSIBLE THE EXERCISE OF RIGHTS CONFERRED BY COMMUNITY LAW .

A LEGISLATIVE PROVISION WHICH, AS REGARDS SUPPLEMENTARY ENROLMENT FEES OR "MINERVALS" CHARGED, CONTRARY TO ARTICLE 7 OF THE TREATY, EXCLUSIVELY TO STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES FOR ADMISSION TO VOCATIONAL TRAINING COURSES, RESTRICTS REPAYMENT SOLELY TO PLAINTIFFS WHO BROUGHT AN ACTION FOR REPAYMENT BEFORE THE DELIVERY OF THE JUDGMENT IN WHICH THE COURT RULED THAT THOSE FEES INFRINGED COMMUNITY LAW, DEPRIVES INDIVIDUALS WHO DO NOT SATISFY THAT CONDITION OF THE RIGHT TO OBTAIN REPAYMENT OF AMOUNTS UNDULY PAID AND THEREBY RENDERS THE EXERCISE OF THE RIGHTS CONFERRED BY THE TREATY IMPOSSIBLE . THE NATIONAL COURTS MUST NOT APPLY SUCH A PROVISION .