WRITTEN QUESTION E-1847/96 by Joan Colom i Naval (PSE) to the Commission (5 July 1996)

Subject: Discrimination on grounds of nationality in fees and other charges of state educational establishments in the Member States

State educational establishments in certain Member States (from nursery schools to universities) are operating a discriminatory policy under which differentials are imposed in fees and other charges according to the nationality of the pupil or student, i.e. whether or not he or she is a national of the Member State which runs the institution concerned. This means that 'foreigners', including Community citizens, have to pay at rates different from those applying to nationals of the Member State in question in the case of admission and registration fees, monthly teaching fees, board and lodging, etc. As is obvious, nationals pay at lower rates than other Community citizens, and may not be charged at all for certain facilities.

At least one Member State operates a specific discriminatory practice in educational establishments belonging to it located in non-EU countries: its own nationals and those of the third country concerned pay at one rate while other EU nationals pay at a higher rate.

Does the Commission consider, in view of a number of relevant judgments of the Court of Justice, that this form of discrimination on grounds of nationality is compatible with the Treaties? If not, what action does it intend to take?

Answer given by Mrs Cresson on behalf of the Commission (18 September 1996)

The first part of the question concerns the discrimination of Community nationals obliged to pay higher fees than national students to attend state educational establishments. The same problem arises with regard to study grants. Here it should be recalled that the Community provisions as interpreted by the Court of Justice guarantee on the one hand the equal treatment of Community students and nationals in access to education and training (Articles 126 and 127 * formerly Articles 128 * of the EC Treaty) and, on the other hand, that of Community workers and their children, which is more complete, and which is enshrined in Articles 48, 52 and 59 of the Treaty and in Council Regulation 1612/68. As to the first category, the Court of Justice has in its case law confirmed the principle, enshrined in Community law, of non-discrimination in access to vocational training courses (see inter alia the judgments in Forcheri, Case 152/82 and Gravier, Case 293/83, on the direct applicability of Article 7 * now Article 6 * the Treaty). This equal treatment comprises not only a ban on higher fees or exemptions for national students only, but also access to study grants, with the exception of maintenance, on the same lines as nationals.

As regards students who are children of workers who have moved to another Member State, equal treatment is complete and embraces all aids provided to nationals, including maintenance grants (cf. Raulin, Case 357/89).

On this basis the Commission has in the past been obliged to take action, sometimes via litigation, to resolve individual cases of practices that contravene Community law or discriminatory rules that have been drawn to its attention. Moreover the national courts now apply Community law in the light of the Court of Justice's case law, as in the case of Belgium in the numerous legal actions brought in the wake of the Gravier judgment mentioned above.

The second part of the question concerns discrimination of Community nationals in access to Member State educational establishments located in a third country. The case to which the Honourable Member refers is the only one of which the Commission is aware and it has been subject to detailed scrutiny in the context of an internal procedure currently under way.

In the absence of further details that would allow the Commission to investigate the problems mentioned by the Honourable Member, the Commission regrets that it cannot be more specific. It would therefore request the Honourable Member to provide all the relevant details so that the Commission can prepare a reply in full knowledge of the facts.