Keywords
Summary

Keywords

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1 . Social Policy - Common vocational training policy - Vocational training - Concept - Year of study which is part of a programme of study constituting vocational training - Inclusion - Conditions

( EEC Treaty, Art . 128 )

2 . Freedom to provide services - Services - Concept - Courses taught in a technical institute which form part of the secondary education provided under the national education system - Excluded

( EEC Treaty, Art . 59 and Art . 60, first paragraph )

3 . Free movement of persons - Workers - Access of a worker' s children to education provided by the host State - Right not available as against another Member State which makes access to ordinary schooling dependent on payment of an enrolment fee - Exemption from enrolment fee for children who are nationals of the host State - No effect

( Regulation No 1612/68 of the Council, Art . 12 )

Summary

1 . A year of study which is part of a programme forming an indivisible body of instruction preparing for a qualification for a particular profession, trade or employment or providing the necessary training and skills for such a profession, trade or employment constitutes vocational training for the purposes of the EEC Treaty .

The various years of a study programme cannot be assessed individually but must be considered within the framework of the programme as a whole, particularly in the light of the programme' s purpose, provided, however, that the programme forms a coherent single entity and cannot be divided into two parts, one of which does not constitute vocational training while the other does .

2 . Courses taught in a technical institute which form part of the secondary education provided under the national education system cannot be regarded as services for the purposes of Article 59 of the EEC Treaty .

The first paragraph of Article 60 of the EEC Treaty provides that only services "normally provided for remuneration" are to be considered to be "services" within the meaning of the Treaty . The essential characteristic of remuneration, which lies in the fact that it constitutes consideration for the service in question, is absent in the case of courses provided under the national education system because, first of all, the State, in establishing and maintaining such a system, is not seeking to engage in gainful activity but is fulfilling its duties towards its own population in the social, cultural and educational fields and, secondly, the system in question is, as a general rule, funded from the public purse and not by pupils or their parents .

The nature of that activity is not affected by the fact that pupils or their parents must sometimes pay teaching or enrolment fees in order to make a certain contribution to the operating expenses of the system .

3 . Article 12 of Regulation No 1612/68, which provides that the children of a national of a Member State who is or has been employed in the territory of another Member State are to be admitted to that State' s general educational, apprenticeship and vocational training courses under the same conditions as the nationals of that State, if such children are residing in its territory, refers not only to rules relating to admission but also to general measures intended to facilitate educational attendance . However, the wording used in that provision lays obligations only on the Member State in which the migrant worker resides . It does not, therefore, preclude a Member State from imposing an enrolment fee or "minerval", as a condition for admission to ordinary schooling within its territory, on children of migrant workers residing in another Member State, even when the nationals of the other Member State in question are not required to pay such a fee .