This document is an excerpt from the EUR-Lex website
Document 61989CJ0308
Summary of the Judgment
Summary of the Judgment
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Free movement of persons - Workers - Equal treatment - Access to education for a worker' s children - Studies pursued in a State other than the host State - Entitlement to the grant awarded by the host State to its nationals in the event of studies abroad - Studies pursued in the Member State of which the person concerned is a national - No effect
( Regulation No 1612/68 of the Council, Art . 12 )
Article 12 of Regulation No 1612/68 lays down a general rule which, in matters of education, requires every Member State to ensure equal treatment between its own nationals and the children of workers who are nationals of another Member State established within its territory . Accordingly, where a Member State gives its nationals the opportunity to obtain a grant in respect of education or training provided abroad, the child of a Community worker must enjoy the same advantage if he decides to pursue his studies outside the host State .
That interpretation cannot be invalidated by the fact that a person seeking education or training decides to follow a course in the Member State of which he is a national . Neither the condition of residence laid down by Article 12 nor the objective pursued by Regulation No 1612/68 justifies such a restriction which, moreover, would lead to another form of discrimination against the children of Community workers by comparison with nationals of the host Member State .