CELEX: 62012CA0275
Language: en
Date: 2013-10-24 00:00:00
Title: Case C-275/12: Judgment of the Court (Third Chamber) of 24 October 2013 (request for a preliminary ruling from the Verwaltungsgericht Hannover — Germany) — Samantha Elrick v Bezirksregierung Köln (Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Right of free movement and residence — National of a Member State — Studies pursued in another Member State — Education or training grant — Conditions — Duration of course greater than or equal to two years — Obtaining a vocational qualification)

14.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 367/16
            
         Judgment of the Court (Third Chamber) of 24 October 2013 (request for a preliminary ruling from the Verwaltungsgericht Hannover — Germany) — Samantha Elrick v Bezirksregierung Köln
   (Case C-275/12) (1)
   
   (Citizenship of the Union - Articles 20 TFEU and 21 TFEU - Right of free movement and residence - National of a Member State - Studies pursued in another Member State - Education or training grant - Conditions - Duration of course greater than or equal to two years - Obtaining a vocational qualification)
   2013/C 367/26
   Language of the case: German
   
      Referring court
   
   Verwaltungsgericht Hannover
   
      Parties to the main proceedings
   
   
      Applicant: Samantha Elrick
   
      Defendant: Bezirksregierung Köln
   
      Re:
   
   Request for a preliminary ruling — Verwaltungsgericht Hannover — Interpretation of Articles 20 and 21 TFEU — Entitlement to a ‘BAföG’ education or training grant — Member State legislation providing for such entitlement in respect of a certain course, of one year’s duration, pursued in that Member State, but excluding such entitlement for a comparable course pursued in another Member State
   
      Operative part of the judgment
   
   Articles 20 TFEU and 21 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, that makes the award of an education or training grant, to a national resident in that Member State, for a course pursued in another Member State, subject to the requirement that the course in question lead to a vocational qualification equivalent to that provided by a vocational school in the State awarding the grant, following a course of at least two years’ duration, whereas an education or training grant would have been awarded if the national had chosen to undertake, in the State awarding the grant, a course equivalent to that which she wished to pursue in another Member State, and which is of less than two years’ duration.
   
      (1)  OJ C 250, 18.8.2012.