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10.1.2009 |
EN |
Official Journal of the European Union |
C 6/4 |
Judgment of the Court (Grand Chamber) of 18 November 2008 (reference for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Jacqueline Förster v Hoofddirectie van de Informatie Beheer Groep
(Case C-158/07) (1)
(Freedom of movement for persons - Student who is a national of one Member State and goes to another Member State to follow a training course - Student maintenance grant - Citizenship of the Union - Article 12 EC - Legal certainty)
(2009/C 6/06)
Language of the case: Dutch
Referring court
Centrale Raad van Beroep
Parties to the main proceedings
Applicant: Jacqueline Förster
Defendant: Hoofddirectie van de Informatie Beheer Groep
Re:
Reference for a preliminary ruling — Centrale Raad van Beroep — Interpretation of Article 12 EC, Article 18 EC, Article 7 of Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (OJ, English Special Edition 1970 (II), p. 402), and Article 3 of Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students (OJ 1993 L 317, p. 59) — Student who is a national of one Member State and goes to another Member State to follow a training course, at the same time working as an employed person in the second Member State but who has, meanwhile, ceased that employment.
Operative part of the judgment
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1. |
A student in the situation of the applicant in the main proceedings cannot rely on Article 7 of Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State in order to obtain a maintenance grant. |
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2. |
A student who is a national of a Member State and travels to another Member State to study there can rely on the first paragraph of Article 12 EC in order to obtain a maintenance grant where he or she has resided for a certain duration in the host Member State. The first paragraph of Article 12 EC does not preclude the application to nationals of other Member States of a requirement of five years' prior residence. |
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3. |
In circumstances such as those of the main proceedings, Community law, in particular the principle of legal certainty, does not preclude the application of a residence requirement which makes the right of students from other Member States to a maintenance grant subject to the completion of periods of residence which occurred prior to the introduction of that requirement. |