DULY FOLLOWING COURSES THERE IN AN INSTITUTION OFFERING INSTRUCTION RELATING IN PARTICULAR TO VOCATIONAL TRAINING FALL , WITH REGARD TO THAT INSTITUTION , WITHIN THE SCOPE OF ARTICLE 7 OF THE TREATY OF ROME OF 25 MARCH 1957?
( 2)IF THAT QUESTION IS ANSWERED IN THE AFFIRMATIVE , BY WHAT CRITERION MAY IT BE DECIDED WHETHER A COURSE ON STRIP CARTOON ART FALLS WITHIN THE SCOPE OF THE TREATY OF ROME?
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10 ACCORDING TO THE ORDER MAKING THE REFERENCE , THE NATIONAL COURT CONSIDERED THAT THE ARGUMENT THAT SINCE ENROLMENT AT AN INSTITUTION SUCH AS THE ACADEMIE ROYALE DES BEAUX-ARTS OF THE CITY OF LIEGE IS FREE OF CHARGE FOR BELGIANS IT SHOULD ALSO BE FREE FOR NATIONALS OF OTHER MEMBER STATES COULD ONLY BE UPHELD IF THE PLAINTIFF , WHO CAME TO BELGIUM SOLELY TO STUDY THERE , WAS ABLE TO RELY ON THE PROVISIONS OF THE EEC TREATY . AFTER FINDING THAT THERE IS NO CLEAR ANSWER TO THE QUESTION WHETHER STUDENTS SHOULD BE CONSIDERED AS PERSONS TO WHOM SERVICES ARE PROVIDED , THE ORDER OF THE NATIONAL COURT POINTS OUT THAT EVEN IF THE ANSWER TO THAT QUESTION IS IN THE NEGATIVE , IT CANNOT BE INFERRED THAT ACCESS TO EDUCATION LIES OUTSIDE THE SCOPE OF THE TREATY . IN THE JUDGMENT OF THE COURT OF JUSTICE OF 13 JULY 1983 ( CASE 152/82 , FORCHERI , ( 1983 ) ECR 2323 ) IT WAS HELD THAT IN CERTAIN CIRCUMSTANCES TO MAKE ACCESS TO VOCATIONAL TRAINING FOR NATIONALS OF OTHER MEMBER STATES SUBJECT TO PAYMENT OF A REGISTRATION FEE WHICH IS NOT REQUIRED OF HOME STUDENTS MAY FALL WITHIN THE SCOPE OF THE TREATY .
11 THAT IS THE BACKGROUND TO THE QUESTIONS REFERRED ; IT MUST THEREFORE FIRST BE CONSIDERED WHETHER OR NOT THE ESTABLISHMENT OF A FEE SUCH AS THAT WHICH IS THE SUBJECT OF THE ORDER MAKING THE REFERENCE CONSTITUTES ' DISCRIMINATION ON GROUNDS OF NATIONALITY ' WITHIN THE MEANING OF ARTICLE 7 OF THE TREATY .
12 THE BELGIAN STATE AND THE COMMUNAUTE FRANCAISE ARGUED BEFORE THE COURT THAT THE REASON WHY FOREIGN STUDENTS IN BELGIUM ARE REQUIRED TO CONTRIBUTE TO THE FINANCING OF EDUCATION IS THE IMBALANCE WHICH HAS EXISTED SINCE 1976 BETWEEN THE NUMBER OF FOREIGN STUDENTS STUDYING IN BELGIUM AND THE NUMBER OF BELGIAN STUDENTS LIVING ABROAD . SINCE THAT IMBALANCE HAD SERIOUS CONSEQUENCES FOR THE NATIONAL EDUCATION BUDGET THE BELGIAN GOVERNMENT WAS COMPELLED TO ASK STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES AND WHO NORMALLY DO NOT PAY TAXES IN BELGIUM TO MAKE A PROPORTIONAL CONTRIBUTION TO THE COST OF EDUCATION . FAR FROM BEING DISCRIMINATORY , SUCH A CONTRIBUTION PUTS FOREIGN STUDENTS ON THE SAME FOOTING AS BELGIAN NATIONALS .
13 THE COMMISSION PROVIDED THE COURT WITH FIGURES SHOWING THAT THE MOBILITY OF STUDENTS WITHIN THE COMMUNITY IS LIMITED IN SCOPE BUT THAT BELGIUM IS THE MEMBER STATE IN WHICH THE PERCENTAGE OF STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES , IN RELATION TO THE