Case C-238/15: Judgment of the Court (Second Chamber) of 14 December 2016 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Maria Do Céu Bragança Linares Verruga, Jacinto Manuel Sousa Verruga, André Angelo Linares Verruga v Ministre de l’Enseignement supérieur et de la Recherche (Reference for a preliminary ruling — Freedom of movement of persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Students not residing in the territory of the Member State concerned subject to the condition that they be the children of workers who have been employed or who have pursued their professional activity in that Member State for a continuous period of at least five years — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality)
Date: 2016-12-14
Institutions: Court of Justice
Subjects: education grant, equal treatment, financial aid, free movement of persons, free movement of workers, higher education, principle of proportionality, residence, student, terms for aid








C_2017046EN.01000401.xml










13.2.2017   


EN


Official Journal of the European Union


C 46/4





Judgment of the Court (Second Chamber) of 14 December 2016 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Maria Do Céu Bragança Linares Verruga, Jacinto Manuel Sousa Verruga, André Angelo Linares Verruga v Ministre de l’Enseignement supérieur et de la Recherche
(Case C-238/15) (1)

((Reference for a preliminary ruling - Freedom of movement of persons - Equal treatment - Social advantages - Regulation (EU) No 492/2011 - Article 7(2) - Financial aid for higher education studies - Students not residing in the territory of the Member State concerned subject to the condition that they be the children of workers who have been employed or who have pursued their professional activity in that Member State for a continuous period of at least five years - Indirect discrimination - Justification - Objective of increasing the proportion of residents with a higher education degree - Whether appropriate - Proportionality))
(2017/C 046/04)
Language of the case: French

Referring court

Tribunal administratif

Parties to the main proceedings


Applicants: Maria Do Céu Bragança Linares Verruga, Jacinto Manuel Sousa Verruga, André Angelo Linares Verruga

Defendant: Ministre de l’Enseignement supérieur et de la Recherche

Operative part of the judgment

Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which, with the aim of encouraging an increase in the proportion of residents with a higher education degree, makes the grant of financial aid for higher education studies to a non-resident student conditional on at least one of that student’s parents having worked in that Member State for a minimum and continuous period of five years at the time the application for financial aid is made, but which does not lay down such a condition in respect of a student residing in the territory of that Member State.


(1)  OJ C 254, 3.8.2015.