TRAINING . THE KINGDOM OF BELGIUM ALSO STRESSES THAT IN ADOPTING ARTICLE 16 ( 2 ) IT DID NOT INTEND TO DISCRIMINATE AGAINST FOREIGN STUDENTS AS COMPARED WITH BELGIAN STUDENTS , BUT SOUGHT TO PROVIDE LEGAL CONFIRMATION OF THE RECTORS ' RIGHT TO REFUSE TO ENROL STUDENTS WISHING TO REPEAT A YEAR FOR THE SECOND TIME , WHETHER THEY ARE BELGIAN OR FOREIGN .
16 IN VIEW OF THAT DIFFERENCE OF OPINION , IT IS NECESSARY TO DEFINE PRECISELY THE ISSUES RAISED AND TO EXAMINE THEM IN THE LIGHT OF THE JUDGMENT IN GRAVIER . THE MAIN ISSUE IS WHETHER THE IMPOSITION EXCLUSIVELY ON STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES OF A FINANCIAL RESTRICTION , SUCH AS THE PAYMENT OF A SUPPLEMENTARY ENROLMENT FEE , ON ACCESS TO UNIVERSITY STUDIES , EVEN THOSE WHICH ARE PART OF VOCATIONAL TRAINING , IS COMPATIBLE WITH COMMUNITY LAW AND THE JUDGMENT IN GRAVIER IN PARTICULAR .
17 IT FOLLOWS FROM THE JUDGMENT IN GRAVIER THAT THE CONDITIONS OF ACCESS TO VOCATIONAL TRAINING FALL WITHIN THE SCOPE OF THE TREATY AND THAT THE IMPOSITION ON STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES OF AN ENROLMENT FEE AS A CONDITION OF ACCESS TO VOCATIONAL TRAINING , WHERE THE SAME FEE IS NOT IMPOSED ON STUDENTS WHO ARE NATIONALS OF THE HOST MEMBER STATES , CONSTITUTES DISCRIMINATION ON GROUNDS OF NATIONALITY CONTRARY TO ARTICLE 7 OF THE TREATY .
18 IN INTERIM PROCEEDINGS IT IS IMPOSSIBLE FOR THE COURT , WITHOUT PREJUDGING THE SUBSTANCE OF THE CASE , TO DETERMINE WHETHER VOCATIONAL TRAINING WITHIN THE MEANING OF THE JUDGMENT IN GRAVIER INCLUDES UNIVERSITY STUDIES . HOWEVER , IT MAY BE THAT CERTAIN UNIVERSITY STUDIES , IN PARTICULAR THOSE WHICH LEAD TO QUALIFICATION FOR A PARTICULAR PROFESSION , TRADE OR EMPLOYMENT OR WHICH PROVIDE THE NECESSARY TRAINING AND SKILLS FOR SUCH A PROFESSION , TRADE OR EMPLOYMENT , CONSTITUTE VOCATIONAL TRAINING AND THEREFORE SHOULD NOT HAVE CONDITIONS OF ACCESS FOR STUDENTS OF OTHER MEMBER STATES DIFFERENT FROM THOSE APPLICABLE TO STUDENTS OF THE HOST STATE . FROM THE FACT THAT ARTICLE 16 ( 1 ) OF THE LAW OF 21 JUNE 1985 REQUIRES STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES AND WHO WISH TO FOLLOW UNIVERSITY COURSES IN BELGIUM TO PAY A SUPPLEMENTARY ENROLMENT FEE , EVEN IF THEIR STUDIES SEEM TO BE CLOSELY LINKED WITH VOCATIONAL TRAINING , IT MAY THEREFORE BE INFERRED THAT THE GROUNDS RELIED UPON BY THE APPLICANT ESTABLISH A PRIMA FACIE CASE FOR THE GRANT OF THE INTERIM MEASURE APPLIED FOR .
19 THE APPLICANT IN THIS CASE APPEARS TO HAVE PUT FORWARD FACTUAL AND LEGAL GROUNDS WHICH MAY BE REGARDED AS ESTABLISHING A PRIMA FACIE CASE FOR THE GRANT OF THE INTERIM MEASURE APPLIED FOR ; HOWEVER , THE COURT MUST ALSO ASSESS THE URGENCY OF SUCH A MEASURE AND WHETHER IT IS NECESSARY IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE .
20 IN THAT REGARD , THE APPLICANT SUBMITS THAT THE ACADEMIC YEAR HAS ALREADY