CELEX: 62018CA0410
Language: en
Date: 2019-07-10 00:00:00
Title: Case C-410/18: Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Nicolas Aubriet v Ministre de l’Enseignement supérieur et de la Recherche (Reference for a preliminary ruling — Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Non-resident students — Condition connected with the period of their parents’ working time on national territory — Minimum period of five years — Reference period of seven years — Method of calculation of the reference period — Date of the application for financial aid — Indirect discrimination — Justification — Proportionality)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/23
            
         
      Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Nicolas Aubriet v Ministre de l’Enseignement supérieur et de la Recherche
      (Case C-410/18) (1)
      
      (Reference for a preliminary ruling - Freedom of movement for persons - Equal treatment - Social advantages - Regulation (EU) No 492/2011 - Article 7(2) - Financial aid for higher education studies - Non-resident students - Condition connected with the period of their parents’ working time on national territory - Minimum period of five years - Reference period of seven years - Method of calculation of the reference period - Date of the application for financial aid - Indirect discrimination - Justification - Proportionality)
      (2019/C 305/29)
      Language of the case: French
      
         Referring court
      
      Tribunal administratif
      
         Parties to the main proceedings
      
      
         Applicant: Nicolas Aubriet
      
         Defendant: Ministre de l’Enseignement supérieur et de la Recherche
      
         Operative part of the judgment
      
      Article 45 TFEU and 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 precluding legislation of a Member State, such as that at issue in the main proceedings, which makes the grant of financial aid for higher education studies to non-resident students subject to the condition that, at the date of the application for financial aid, one of the parents of the student has been employed or carried on an activity in that Member State for a period of at least five years in the course of a reference period of seven years calculated retroactively from the date of that application for financial aid, in so far as it does not permit the existence of any connection with the labour market of that Member State to be understood in a sufficiently broad manner.
      
         (1)  OJ C 301, 27.8.2018.