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Document 62012CA0275

Case C-275/12: Judgment of the Court (Third Chamber) of 24 October 2013 (request for a preliminary ruling from the Verwaltungsgericht Hannover — Germany) — Samantha Elrick v Bezirksregierung Köln (Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Right of free movement and residence — National of a Member State — Studies pursued in another Member State — Education or training grant — Conditions — Duration of course greater than or equal to two years — Obtaining a vocational qualification)

OJ C 367, 14.12.2013, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

14.12.2013   

EN

Official Journal of the European Union

C 367/16


Judgment of the Court (Third Chamber) of 24 October 2013 (request for a preliminary ruling from the Verwaltungsgericht Hannover — Germany) — Samantha Elrick v Bezirksregierung Köln

(Case C-275/12) (1)

(Citizenship of the Union - Articles 20 TFEU and 21 TFEU - Right of free movement and residence - National of a Member State - Studies pursued in another Member State - Education or training grant - Conditions - Duration of course greater than or equal to two years - Obtaining a vocational qualification)

2013/C 367/26

Language of the case: German

Referring court

Verwaltungsgericht Hannover

Parties to the main proceedings

Applicant: Samantha Elrick

Defendant: Bezirksregierung Köln

Re:

Request for a preliminary ruling — Verwaltungsgericht Hannover — Interpretation of Articles 20 and 21 TFEU — Entitlement to a ‘BAföG’ education or training grant — Member State legislation providing for such entitlement in respect of a certain course, of one year’s duration, pursued in that Member State, but excluding such entitlement for a comparable course pursued in another Member State

Operative part of the judgment

Articles 20 TFEU and 21 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, that makes the award of an education or training grant, to a national resident in that Member State, for a course pursued in another Member State, subject to the requirement that the course in question lead to a vocational qualification equivalent to that provided by a vocational school in the State awarding the grant, following a course of at least two years’ duration, whereas an education or training grant would have been awarded if the national had chosen to undertake, in the State awarding the grant, a course equivalent to that which she wished to pursue in another Member State, and which is of less than two years’ duration.


(1)  OJ C 250, 18.8.2012.


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