CELEX: 62018CA0830
Language: en
Date: 2020-04-02 00:00:00
Title: Case C-830/18: Judgment of the Court (Ninth Chamber) of 2 April 2020 (request for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz — Germany) — Landkreis Südliche Weinstraße v PF and Others (Reference for a preliminary ruling — Freedom of movement for workers — Regulation (EU) No 492/2011 — Children of frontier workers — Social advantages — System for reimbursement of school transport costs — Requirement of residence in a Land — Exclusion of children attending school in that Land and residing in a Member State other than that of the school attended — Exclusion of nationals residing in other Länder)

13.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 230/8
            
         
      Judgment of the Court (Ninth Chamber) of 2 April 2020 (request for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz — Germany) — Landkreis Südliche Weinstraße v PF and Others
      (Case C-830/18) (1)
      
      (Reference for a preliminary ruling - Freedom of movement for workers - Regulation (EU) No 492/2011 - Children of frontier workers - Social advantages - System for reimbursement of school transport costs - Requirement of residence in a Land - Exclusion of children attending school in that Land and residing in a Member State other than that of the school attended - Exclusion of nationals residing in other Länder)
      (2020/C 230/10)
      Language of the case: German
      
         Referring court
      
      Oberverwaltungsgericht Rheinland-Pfalz
      
         Parties to the main proceedings
      
      
         Applicant: Landkreis Südliche Weinstraße
      
         Defendant: PF and Others
      
         Other party to the proceedings: Vertreter des öffentlichen Interesses
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as meaning that national legislation which makes the payment of school transport costs by a Land subject to a requirement of residence in the territory of that Land constitutes indirect discrimination, in that it is intrinsically liable to affect frontier workers more than national workers;
               
            
                  2.
               
               
                  Article 7(2) of Regulation No 492/2011 must be interpreted as meaning that practical difficulties linked to the effective organisation of school transport within a Land do not constitute an overriding reason in the public interest that is capable of justifying a national measure categorised as indirect discrimination.
               
            
         (1)  OJ C 131, 8.4.2019.