Luxembourg, 21/03/2007 (Agence Europe) - According to an opinion by European Court of Justice Advocate-General Ruiz Jarabo Colomer lodged on Tuesday 20 March, the requirements of the German law on student grants unduly restrict freedom of movement for students by excluding students who studied abroad. The opinion may have serious repercussions throughout the EU because many member states apply similar restrictions to Germany when it comes to student grants.
Having completed her secondary education in Germany and passed her school-leaving examination, Rhiannon Morgan, a German national, moved to Great Britain where she worked for a year as an au pair before commencing her university studies, for which she applied to the German authorities for a grant. Her application was rejected because, under German legislation1, the grant was subject to the condition that the course of study should constitute the continuation of a course of study of one year in a German establishment.
Iris Bucher, also a German national, lived with her parents in Bonn until she decided to move to Düren, a German town on the Dutch border, and pursue a course of study in the Dutch town of Heerlen. Ms Bucher applied to the authorities in Düren for a grant, which she was refused on the ground that she was not 'permanently' resident near a border as required by the German legislation.
The administrative court in Aachen, before which both women brought an action, asked the Court of Justice to rule on the question of freedom of movement for European students and grants to study in other member states.
In the view of the advocate general, 'in both cases, adjusting grants on the basis of academic performance would be less restrictive of freedom of movement'. Dámaso Ruiz-Jarabo recognises state subsidiarity for education in general but comments that study grants are a secondary issue where the EU legal system is more present.
These views are only the opinion of the advocate general and do not necessarily reflect the official views of the Court of Justice but the cases are being carefully watched in other member states. In the United Kingdom, for example, subsidised loans granted by the government Student Loan Company are only awarded for students registered for courses in the United Kingdom. A spokesperson for the Department for Education and Skills would not comment on the implications of the German case, noting: 'The full European Court of Justice (ECJ) Judgment is expected in the summer, and may or may not take the same line. In the meantime, we will carefully consider the implications for higher education student support should the judgment of the ECJ follow the AGO (Advocate General's Opinion, Ed) in these cases.' (cd)