Case C-46/12

L. N.

v

Styrelsen for Videregående Uddannelser og Uddannelsesstøtte

(Request for a preliminary ruling from the Ankenævnet for Uddannelsesstøtten)

‛Citizenship of the Union — Freedom of movement for workers — Principle of equal treatment — Article 45(2) TFEU — Regulation (EEC) No 1612/68 — Article 7(2) — Directive 2004/38/EC — Article 24(1) and (2) — Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student loans — European Union citizen studying in a host Member State — Paid employment prior to and subsequent to the start of studies — Principal objective of the person concerned at the time of entry on the territory of the host Member State — Effect on his classification as worker and on his entitlement to student grants’

Summary — Judgment of the Court (Third Chamber), 21 February 2013

1. Freedom of movement for persons — Workers — Concept — Existence of an employment relationship — Effective and genuine activity — Overall assessment of the employment relationship in question

   (Art. 45 TFEU)

2. Citizenship of the Union — Right of free movement and residence in the territory of the Member States — Directive 2004/38 — Principle of equal treatment — Derogation — No obligation on the host Member State to grant maintenance aid for studies — Limits — Situation of a student pursuing at the same time genuine and effective employment in the host Member State

   (Art. 45 TFEU; Council Regulation No 1612/68, Art. 7(2); European Parliament and Council Directive 2004/38, Arts 7(1)(c) and 24(2))

1.  See the text of the decision.

   (see paras 39-43)

2.  Articles 7(1)(c) and 24(2) of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States must be interpreted as meaning that a European Union citizen who pursues a course of studies in a host Member State whilst at the same time pursuing effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of Article 45 TFEU may not be refused maintenance aid for studies which is granted to the nationals of that Member State.

   It is for the national court to make the necessary findings of fact in order to ascertain whether the employment activities of the person concerned are sufficient to confer that status on him.

   The fact that the person entered the territory of the host Member State with the principal intention of pursuing a course of study is not relevant for determining whether he is a ‘worker’ within the meaning of Article 45 TFEU and, accordingly, whether he is entitled to that aid under the same terms as a national of the host Member State under Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community.

   (see para. 51, operative part)