TOTAL NUMBER OF STUDENTS , IS THE HIGHEST . THE INFORMATION PROVIDED ALSO SHOWS THAT BELGIUM IS THE ONLY MEMBER STATE WHICH REQUIRES FOREIGN STUDENTS TO PAY AN ENROLMENT FEE , ALTHOUGH GREECE REQUIRES AN IDENTICAL PAYMENT , FOR REASONS OF RECIPROCITY , FROM BELGIAN STUDENTS ENROLLED IN GREEK UNIVERSITIES . THE COMMISSION CONSIDERS , MOREOVER , THAT THE IMPOSITION OF THE FEE ESTABLISHES A DIFFERENCE IN TREATMENT BETWEEN STUDENTS OF BELGIAN NATIONALITY , WHETHER OR NOT THEIR PARENTS OR THEY THEMSELVES PAY TAXES IN BELGIUM , AND NATIONALS OF OTHER MEMBER STATES , A DIFFERENCE WHICH IS BASED ON THE NATIONALITY OF THE STUDENTS .
14 IN THAT REGARD IT IS CLEAR FROM THE CONTENT OF THE BELGIAN LEGISLATION AND FROM THE PRACTICE FOLLOWED IN RELATION TO THE FEE , AS SUMMARIZED ABOVE , THAT THE COST OF HIGHER ART EDUCATION IS NOT BORNE BY STUDENTS OF BELGIAN NATIONALITY , WHEREAS FOREIGN STUDENTS MUST BEAR PART OF THAT COST . THE INEQUALITY OF TREATMENT IS THEREFORE BASED ON NATIONALITY , AND THAT FINDING IS NOT AFFECTED BY THE MERE FACT THAT THERE ARE CERTAIN EXCEPTIONS TO THE DISTINCTION MADE BETWEEN BELGIAN AND FOREIGN STUDENTS , SOME BASED ON NATIONALITY , SUCH AS THE SPECIAL SITUATION OF LUXEMBOURG STUDENTS , AND SOME ON OTHER CRITERIA SUCH AS THE RESIDENCE IN BELGIUM OF PARENTS WHO PAY TAXES IN THAT COUNTRY .
15 SUCH UNEQUAL TREATMENT BASED ON NATIONALITY MUST BE REGARDED AS DISCRIMINATION PROHIBITED BY ARTICLE 7 OF THE TREATY IF IT FALLS WITHIN THE SCOPE OF THE TREATY .
16 THE DANISH GOVERNMENT AND THE UNITED KINGDOM EXPRESSED CONCERN ON THAT POINT . THEY CONSIDER THAT THIS CASE RAISES PROBLEMS OF PRINCIPLE WHOSE IMPORTANCE GOES BEYOND THE QUESTIONS REFERRED BY THE BELGIAN COURT . AFTER CHALLENGING THE ARGUMENT THAT ANYONE WISHING TO STUDY IN ANOTHER MEMBER STATE MAY BE REGARDED AS A PERSON TO WHOM SERVICES ARE PROVIDED , THEY ARGUE THAT ARTICLE 7 OF THE TREATY DOES NOT PREVENT A MEMBER STATE FROM TREATING ITS OWN NATIONALS MORE FAVOURABLY IN THE AREA OF EDUCATION , PARTICULARLY AS REGARDS ACCESS TO EDUCATION , SCHOLARSHIPS AND GRANTS , OTHER SOCIAL FACILITIES PROVIDED FOR STUDENTS AND THE CONTRIBUTION BY STUDENTS TO THE COST OF EDUCATION . ON THOSE POINTS EACH MEMBER STATE HAS SPECIAL RESPONSIBILITIES TOWARD ITS OWN NATIONALS .
17 FOR ITS PART THE COMMISSION ARGUES PRINCIPALLY THAT THE IMPOSITION OF THE FEE ON STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES IS CONTRARY TO ARTICLE 59 OF THE TREATY , IN SO FAR AS STUDENTS WHO ARE NATIONALS OF THE STATE IN QUESTION ARE NOT OBLIGED TO PAY IT . IT IS ONLY IN THE ALTERNATIVE THAT THE COMMISSION CONTENDS THAT SUCH A REQUIREMENT AMOUNTS TO DISCRIMINATION ON GROUNDS OF NATIONALITY CONTRARY TO ARTICLE 7 OF THE TREATY . PARTICIPATION IN VOCATIONAL TRAINING IS , IT MAINTAINS , COVERED BY THE PROVISIONS OF ARTICLES 48 , 52 , 59 AND 128 OF THE TREATY , AND THEREFORE FALLS WITHIN THE