IT MUST HOWEVER BE OBSERVED THAT FOR THE 1981/82 ACADEMIC YEAR A CIRCULAR OF 12 MAY 1981 ACCORDS THE SPOUSE , AND NO LONGER ONLY THE CHILDREN , OF AN OFFICIAL OF THE COMMUNITIES RESIDENT IN BELGIUM THE SAME TREATMENT AS STUDENTS OF BELGIAN NATIONALITY .
4 UPON A REQUEST FOR AN EXPLANATION FROM THE MINISTER FOR NATIONAL EDUCATION MRS FORCHERI ' S HUSBAND RECEIVED AN ANSWER BY LETTER DATED 7 MAY 1980 TO THE EFFECT THAT MRS FORCHERI COULD NOT ' ' ENJOY EXEMPTION FROM THE FEE FOR FOREIGN STUDENTS AS THE WIFE OF AN OFFICIAL OF THE EUROPEAN COMMUNITIES SINCE THAT PRIVILEGE WAS GRANTED ONLY IN CASES WHERE THE STUDENT ' S SPOUSE WAS IN PAID EMPLOYMENT AND PAID TAXES TO THE BELGIAN TREASURY WHICH IS NOT THE CASE FOR OFFICIALS OF THE EUROPEAN COMMUNITIES ' ' .
5 THE PLAINTIFFS IN THE MAIN ACTION BROUGHT THE MATTER BEFORE THE JUGE DE PAIX OF THE FOURTH CANTON OF BRUSSELS WHO TOOK THE VIEW THAT THE CASE INVOLVED PROBLEMS OF THE INTERPRETATION OF COMMUNITY LAW AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
1 . IN VIEW IN PARTICULAR OF THE PRINCIPLE OF NON-DISCRIMINATION BETWEEN NATIONALS OF MEMBER STATES OF THE EUROPEAN COMMUNITY , A PRINCIPLE EMBODIES INTER ALIA IN ARTICLE 7 OF THE EEC TREATY AND , IN THE CONTEXT OF FREEDOM OF MOVEMENT FOR WORKERS , IN ARTICLES 48 AND 49 OF THE EEC TREATY , OF ARTICLE 12 OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY , AS AMENDED BY COUNCIL REGULATION ( EEC ) NO 312/76 OF 9 FEBRUARY 1976 , AND OF ARTICLE 12 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , IS IT LAWFUL UNDER COMMUNITY LAW FOR STUDENTS WHO ARE SPOUSES OF OFFICIALS OF THE EUROPEAN COMMUNITIES , ARE NATIONALS OF A MEMBER STATE AND RESIDE IN BELGIUM BECAUSE THEIR SPOUSES MUST RESIDE THERE BY REASON OF THEIR EMPLOYMENT BY ONE OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES TO BE REQUIRED IN BELGIUM TO PAY THE ENROLMENT FEE FOR FOREIGN STUDENTS , WHEN BELGIAN AND LUXEMBOURG STUDENTS ARE NOT SUBJECT TO THAT REQUIREMENT?
2 . DOES NOT THE REFUSAL TO GRANT AN EXEMPTION FROM THE ENROLMENT FEE FOR FOREIGN STUDENTS TO THE ABOVE-MENTIONED STUDENTS ON THE GROUND THAT THEIR SPOUSES ARE OFFICIALS OF THE EUROPEAN COMMUNITIES AND DO NOT PAY TAXES TO THE BELGIAN TREASURY CONSTITUTE AN INFRINGEMENT OF THE SECOND PARAGRAPH OF ARTICLE 13 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES?
6 THOSE QUESTIONS ARE INTENDED TO ALLOW THE NATIONAL COURT TO DETERMINE THE COMPATIBILITY WITH COMMUNITY LAW OF A NATIONAL PROVISION SUBJECTING THE SPOUSE OF AN OFFICIAL OF THE EUROPEAN COMMUNITIES RESIDENT IN A MEMBER STATE WHERE HE PERFORMS HIS DUTIES TO THE PAYMENT OF AN ENROLMENT FEE FOR TAKING PART IN A COURSE OF FURTHER EDUCATION WHEN