CELEX: 62015CA0238
Language: en
Date: 2016-12-14 00:00:00
Title: Case C-238/15: Judgment of the Court (Second Chamber) of 14 December 2016 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Maria Do Céu Bragança Linares Verruga, Jacinto Manuel Sousa Verruga, André Angelo Linares Verruga v Ministre de l’Enseignement supérieur et de la Recherche (Reference for a preliminary ruling — Freedom of movement of persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Students not residing in the territory of the Member State concerned subject to the condition that they be the children of workers who have been employed or who have pursued their professional activity in that Member State for a continuous period of at least five years — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality)

13.2.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 46/4
            
         Judgment of the Court (Second Chamber) of 14 December 2016 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Maria Do Céu Bragança Linares Verruga, Jacinto Manuel Sousa Verruga, André Angelo Linares Verruga v Ministre de l’Enseignement supérieur et de la Recherche
   (Case C-238/15) (1)
   
   ((Reference for a preliminary ruling - Freedom of movement of persons - Equal treatment - Social advantages - Regulation (EU) No 492/2011 - Article 7(2) - Financial aid for higher education studies - Students not residing in the territory of the Member State concerned subject to the condition that they be the children of workers who have been employed or who have pursued their professional activity in that Member State for a continuous period of at least five years - Indirect discrimination - Justification - Objective of increasing the proportion of residents with a higher education degree - Whether appropriate - Proportionality))
   (2017/C 046/04)
   Language of the case: French
   
      Referring court
   
   Tribunal administratif
   
      Parties to the main proceedings
   
   
      Applicants: Maria Do Céu Bragança Linares Verruga, Jacinto Manuel Sousa Verruga, André Angelo Linares Verruga
   
      Defendant: Ministre de l’Enseignement supérieur et de la Recherche
   
      Operative part of the judgment
   
   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, with the aim of encouraging an increase in the proportion of residents with a higher education degree, makes the grant of financial aid for higher education studies to a non-resident student conditional on at least one of that student’s parents having worked in that Member State for a minimum and continuous period of five years at the time the application for financial aid is made, but which does not lay down such a condition in respect of a student residing in the territory of that Member State.
   
      (1)  OJ C 254, 3.8.2015.