Case C-523/12: Judgment of the Court (Seventh Chamber) of 12 December 2013 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia — Italy) — Dirextra Alta Formazione srl v Regione Puglia (Request for a preliminary ruling — Freedom to provide services — Grants of public money, co-financed by the European Social Fund, for students enrolled in post-graduate specialist programmes of study — Regional legislation designed to enhance the level of education locally and making the award of grants subject to conditions targeting providers of post-graduate programmes of study — Condition requiring 10 years’ continuous experience)
Date: 2013-12-12
Institutions: Court of Justice
Subjects: European Social Fund, State aid, continuing education, equal treatment, freedom to provide services, principle of proportionality, professional experience, university








C_2014045EN.01001502.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/15





Judgment of the Court (Seventh Chamber) of 12 December 2013 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia — Italy) — Dirextra Alta Formazione srl v Regione Puglia
(Case C-523/12) (1)

(Request for a preliminary ruling - Freedom to provide services - Grants of public money, co-financed by the European Social Fund, for students enrolled in post-graduate specialist programmes of study - Regional legislation designed to enhance the level of education locally and making the award of grants subject to conditions targeting providers of post-graduate programmes of study - Condition requiring 10 years’ continuous experience)
2014/C 45/27
Language of the case: Italian

Referring court

Tribunale amministrativo regionale per la Puglia

Parties to the main proceedings


Applicant: Dirextra Alta Formazione srl

Defendant: Regione Puglia

Re:

Request for a preliminary ruling — Tribunale amministrativo regionale per la Puglia — Interpretation of Articles 56 TFEU, 101 TFEU and 107 TFEU — Interpretation of Articles 9 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Articles 11 and 14 of the Charter of Fundamental Rights of the European Union — Principles of proportionality and non-discrimination — Grants of public money, co-financed by the European Social Fund, for students enrolled in post-graduate Masters degree courses — Regional legislation designed to enhance the level of education locally and making the award of student grants conditional upon the level of professionalism of the Masters degree course providers — Provider which has the requisite experience in terms of the number of hours of training completed, but which has not achieved this in the prescribed manner and within the prescribed period.

Operative part of the judgment

Article 56 TFEU must be interpreted as not precluding a provision of national law, such as the provision at issue in the main proceedings, which requires higher education establishments with which students applying for a regional study grant co-financed by the European Social Fund plan to enrol to demonstrate 10 years’ experience where such establishments are neither universities recognised by that national law nor establishments organising approved Masters degree courses.


(1)  OJ C 32, 2.2.2013.