OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY .
2 ACCORDING TO THE ORDER THE PLAINTIFF IN THE MAIN ACTION, WHO IS OF ITALIAN NATIONALITY AND A CHILD OF AN ITALIAN WORKER IN THE FEDERAL REPUBLIC OF GERMANY, ATTENDED SECONDARY SCHOOL FOR THE SCHOOL YEAR 1971/1972 IN MUNICH AND CLAIMED FROM THE CITY OF MUNICH, THE DEFENDANT IN THE MAIN ACTION, AN EDUCATIONAL GRANT AMOUNTING TO DM 70 PER MONTH, PROVIDED FOR IN ARTICLE 2 OF THE BAYERISCHES AUSBILDUNGSFOERDERUNGSGESETZ ( BAVARIAN LAW ON EDUCATIONAL GRANTS ).
3 SINCE THE DEFENDANT IN THE MAIN ACTION REFUSED HIM THE BENEFIT OF THIS MEASURE ON THE GROUND THAT ARTICLE 3 OF THE SAID LAW REFERS ONLY TO GERMAN NATIONALS, STATELESS PERSONS AND ALIENS GRANTED ASYLUM, IT IS ASKED WHETHER THIS ARTICLE 3 IS COMPATIBLE WITH THE FIRST PARAGRAPH OF ARTICLE 12 OF REGULATION NO 1612/68 .
4 ALTHOUGH UNDER THE PROCEDURE OF ARTICLE 17, THE COURT CANNOT PRONOUNCE ON THE INTERPRETATION OR THE VALIDITY OF LEGISLATIVE PROVISIONS OF A NATIONAL CHARACTER IT IS HOWEVER COMPETENT TO INTERPRET ARTICLE 12 OF REGULATION NO 1612/68 AND TO SAY WHETHER THIS ARTICLE DOES OR DOES NOT REFER TO MEASURES RELATING TO EDUCATIONAL GRANTS SUCH AS THE MEASURE IN DISPUTE .
5 UNDER ARTICLE 12 'THE CHILDREN OF A NATIONAL OF A MEMBER STATE WHO IS OR HAS BEEN EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE SHALL BE ADMITTED TO THAT STATE'S GENERAL EDUCATIONAL, APPRENTICESHIP AND VOCATIONAL TRAINING COURSES UNDER THE SAME CONDITIONS AS THE NATIONALS OF THAT STATE, IF SUCH CHILDREN ARE RESIDING IN ITS TERRITORY', AND MEMBER STATES ARE REQUIRED TO ENCOURAGE 'ALL EFFORTS TO ENABLE SUCH CHILDREN TO ATTEND THESE COURSES UNDER THE BEST POSSIBLE CONDITIONS '.
6 ACCORDING TO THE FIFTH RECITAL OF THE REGULATION, THE LATTER WAS ISSUED, INTER ALIA, FOR THE REASON THAT 'THE RIGHT OF FREEDOM OF MOVEMENT, IN ORDER THAT IT MAY BE EXERCISED, BY OBJECTIVE STANDARDS, IN FREEDOM AND DIGNITY, REQUIRES ... THAT OBSTACLES TO THE MOBILITY OF WORKERS SHALL BE ELIMINATED, IN PARTICULAR AS REGARDS THE WORKER'S RIGHT TO BE JOINED BY HIS FAMILY AND THE CONDITIONS FOR THE INTEGRATION OF THAT FAMILY INTO THE HOST COUNTRY '.
7 SUCH INTEGRATION PRESUPPOSES THAT, IN THE CASE OF THE CHILD OF A FOREIGN WORKER WHO WISHES TO HAVE SECONDARY EDUCATION, THIS CHILD CAN TAKE ADVANTAGE OF BENEFITS PROVIDED BY THE LAWS OF THE HOST COUNTRY RELATING TO EDUCATIONAL GRANTS, UNDER THE SAME CONDITIONS AS NATIONALS WHO ARE IN A SIMILAR POSITION .
8 IT FOLLOWS FROM THE PROVISION IN THE SECOND PARAGRAPH OF ARTICLE 12, ACCORDING TO WHICH MEMBER STATES ARE TO ENCOURAGE ALL EFFORTS TO ENABLE SUCH CHILDREN TO ATTEND THE COURSES UNDER THE BEST POSSIBLE CONDITIONS, THAT THE ARTICLE IS INTENDED TO ENCOURAGE SPECIAL EFFORTS, TO ENSURE THAT THE CHILDREN MAY TAKE ADVANTAGE ON AN EQUAL FOOTING OF THE EDUCATION AND TRAINING FACILITIES AVAILABLE .
9 IT MUST BE CONCLUDED THAT IN PROVIDING THAT THE CHILDREN IN