EN Official Journal of the European Union C 114/18

Judgment of the Court (Third Chamber) of 21 February 2013 (request for a preliminary ruling from the Ankenævnet for Statens Uddannelsesstøtte — Denmark) — LN v Styrelsen for Videregående Uddannelser og Uddannelsesstøtte

(Case C-46/12) (1)

(Citizenship of the Union - Freedom of movement for workers - Principle of equal treatment - Article 45(2) TFEU - Regulation (EEC) No 1612/68 - Article 7(2) - Directive 2004/38/EC - Article 24(1) and (2) - Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student loans - European Union citizen studying in a host Member State - Paid employment prior to and subsequent to the start of studies - Principal objective of the person concerned at the time of entry on the territory of the host Member State - Effect on his classification as worker and on his entitlement to student grants)

2013/C 114/26

Language of the case: Danish

Referring court

Ankenævnet for Statens Uddannelsesstøtte

Parties to the main proceedings

Applicant: LN

Defendant: Styrelsen for Videregående Uddannelser og Uddannelsesstøtte

Re:

Request for a preliminary ruling — Ankenævnet for Uddannelsesstøtten — Interpretation of Article 7(1)(c), read in conjunction with Article 24(2), of Directive 2004/38/EC of the European Parliament and of 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, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77) — Equal treatment for citizens of the Union — Legislation of a Member State providing for the possibility for citizens of the Union to receive education assistance while they are employed or self-employed workers in that Member State — Rejection of an application for a grant made by a citizen of the Union who was an employed worker in the host Member State in the case where his principal purpose in coming to that Member State was to follow a course of study there

Operative part of the judgment

Articles 7(1)(c) and 24(2) of Directive 2004/38/EC of the European Parliament and of 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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as meaning that a European Union citizen who pursues a course of studies in a host Member State whilst at the same time pursuing effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of Article 45 TFEU may not be refused maintenance aid for studies which is granted to the nationals of that Member State. It is for the national court to make the necessary findings of fact in order to ascertain whether the employment activities of the applicant in the main proceedings are sufficient to confer that status on him. The fact that the person entered the territory of the host Member State with the principal intention of pursuing a course of study is not relevant for determining whether he is a ‘worker’ within the meaning of Article 45 TFEU and, accordingly, whether he is entitled to that aid under the same terms as a national of the host Member State under Article 7(2) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community.

(1) OJ C 109, 14.4.2012.