G. B. C. Echternach and A. Moritz v Minister van Onderwijs en Wetenschappen.
Date: 1989-03-15
11 In that regard, it must be stated that a Community national working in a Member State other than his State of origin does not lose his status of worker within the meaning of Article 48(1 ) of the Treaty through occupying a post within an international organization, even if the rules relating to his entry into and residence in the country in which he is employed are specifically governed by an international agreement concluded between the international organization and the State in which it is established .
12 It follows, in particular, that a child of such a worker who is a national of a Member State may not be refused the rights and privileges which Article 48 of the Treaty and Regulation No 1612/68 afford him .
14 In that regard, it is sufficient to point out, without its being necessary to examine the nature of the employment in question, that Article 48(4 ) provides only that Member States may exclude nationals of other Member States from access to certain posts in the public service; however, this does not mean that persons whom the Member States have none the less appointed to such posts may be excluded from Community treatment .
15 The answer to be given to the national tribunal on this point should therefore be that a national of a Member State who in another Member State occupies a post governed by a special statute under international law, such as for example a post at the European Space Agency, must be regarded as a worker within the meaning of Article 48(1 ) and ( 2 ) of the Treaty and is therefore entitled, as are the members of his family, to the rights and privileges prescribed in those provisions and in Regulation No 1612/68 of the Council .
B - The status of "member of the family" of a worker of a Member State
21 For such integration to come about, a child of a Community worker must have the possibility of going to school and pursuing further education in the host country, as is expressly provided in Article 12 of Regulation No 1612/68, in order to be able to complete that education successfully . When, after his father' s return to the Member State of origin, the child of such a worker cannot continue his studies there because there is no coordination of school diplomas and has no choice but to return to the country where he attended school in order to continue studying, he retains the right to rely on the provisions of Community law as a child "of a national of a Member State who is or has been employed in the territory of another Member State" within the meaning of Article 12, cited above .
25 In that regard, it should be pointed out that the right of nationals of a Member State to enter the territory of another Member State and reside there for the purpose of seeking or pursuing an occupation or rejoining their spouses or families is a right conferred directly by the Treaty or by the provisions adopted for its implementation . As proof of the right of residence, a special residence permit is to be issued in accordance with Article 4 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families ( Official Journal, English Special Edition 1968 ( II ), p . 485 ). However, the issue of such a permit does not create the rights guaranteed by Community law, and the lack of a permit cannot affect the exercise of those rights .
29 Since the principle of equal treatment thus extends, for the children of Community workers, to all forms of education, whether vocational or general, there is no need to consider in the present case whether the educational courses referred to in the preliminary questions are of a vocational nature or not .
30 Consequently, the answer to be given to the national tribunal must be that Article 12 of Regulation No 1612/68 must be interpreted as meaning that it refers to any form of education, including university courses in economics and advanced vocational training at a technical college .
E - The nature of the study finance
34 The Court has, moreover, held that a grant awarded for maintenance and training with a view to the pursuit of secondary or further education is to be regarded as a social advantage within the meaning of Article 7(2 ) of Regulation No 1612/68, to which migrant workers are entitled under the same conditions as nationals . The same principle must apply to the children of such workers when they are admitted to educational courses in the host country under Article 12 of the regulation since, if interpreted in any other way, that provision would often have no practical effect .
35 The status of child of a Community worker within the meaning of Regulation No 1612/68 implies, in particular, that it is recognized in Community law that such children must be eligible for study assistance from the State in order to make it possible for them to achieve integration in the society of the host country . That requirement applies a fortiori where the persons covered by the provisions of Community law in question are students who arrived in the host country even before the age at which they had to attend school .