G. B. C. Echternach and A. Moritz v Minister van Onderwijs en Wetenschappen.

• Jurisdiction: European Union
• Celex Number: 61987CJ0389
• ECLI: ECLI:EU:C:1989:130
• Date: 15 March 1989
• Docket Number: 390/87,389/87
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61987J0389

Judgment of the Court (Sixth Chamber) of 15 March 1989. - G. B. C. Echternach and A. Moritz v Minister van Onderwijs en Wetenschappen. - References for a preliminary ruling: Commissie van Beroep Studiefinanciering - Netherlands. - Non-discrimination - Access to education - Study finance. - Joined cases 389/87 and 390/87.

European Court reports 1989 Page 00723

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1 . Free movement of persons - Worker - Concept - National of a Member State employed by an international organization - Covered

( EEC Treaty, Art . 48; Regulation No 1612/68 of the Council )

2 . Free movement of persons - Workers - Member of a worker' s family - Concept - Child pursuing his studies in the host country after the worker has returned to his country of origin - Covered

( Regulation No 1612/68 of the Council, Art . 12 )

3 . Free movement of persons - Workers - Rights of members of the family deriving from Community law - Subjection of family member' s rights to the issue of a residence permit - Not admissible

( EEC Treaty, Art . 48; Directive 68/360 of the Council, Art . 4 )

4 . Free movement of persons - Workers - Right of a worker' s children to access to education provided by the host Member State - Education - Concept

( Regulation No 1612/68 of the Council, Art . 12 )

5 . Free movement of persons - Workers - Equal treatment - Social advantages - Concept - Grant awarded for maintenance and training with a view to the pursuit of secondary or further education - Grant to children of a worker who is a national of another Member State

( Regulation No 1612/68 of the Council, Art . 7(2 ) and Art . 12 )

Summary

1 . A national of a Member State who in another Member State occupies a post governed by a special statute under international law, such as for example a post at the European Space Agency, must be regarded as a worker within the meaning of Article 48(1 ) and ( 2 ) of the Treaty and is entitled, as are the members of his family, to the rights and privileges prescribed in those provisions and in Regulation No 1612/68 on freedom of movement for workers within the Community .

2 . The equal treatment, in relation to national workers, to which workers of a Member State who are employed in another Member State are entitled as regards the benefits granted to members of their families contributes to their integration in the society of the host country, in accordance with the aims of the freedom of movement for workers . For such integration to come about, a child of a Community worker must have the possibility of going to school and pursuing further education in the host country in order to be able to complete that education successfully . When, after his father' s return to the Member State of origin, the child of such a worker cannot continue his studies there because of the non-coordination of school diplomas and has no choice but to return to the country where he attended school in order to continue studying, he retains the status of member of a worker' s family within the meaning of Regulation No 1612/68 .

3 . The right of nationals of a Member State to enter the territory of another Member State and reside there for the purpose of seeking or pursuing an occupation or rejoining their spouses or families is a right conferred directly by the Treaty or by the provisions adopted for its implementation . The issue of a residence permit does not create the rights guaranteed by Community law and the lack of a permit cannot affect the exercise of those rights . Therefore, the enjoyment of the rights which a member of the family of a worker of a Member State derives from the provisions of Community law may not be made subject to the grant of a residence permit which meets certain conditions .

4 . The equal treatment in the matter of education which the children of Community workers have under Article 12 of Regulation No 1612/68 extends to all forms of education, whether vocational or general, including university courses in economics and advanced vocational training at a technical college .

5 . Assistance granted to cover the costs of students' education and maintenance is to be regarded as a social advantage to which the children of Community workers are entitled under the same conditions as apply to the host country' s own nationals .

Parties

In Joined Cases 389 and 390/87

REFERENCES to the Court under Article 177 of the EEC Treaty by the Commissie van Beroep Studiefinanciering for preliminary rulings in the proceedings pending before that tribunal between

G . B . C . Echternach, residing at Voorburg,

and

Netherlands Minister for Education and Science

and between

A . Moritz, residing at Enschede,

and

Netherlands Minister for Education and Science,on the interpretation of Article 48 of the EEC Treaty and Regulation ( EEC ) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community ( Official Journal, English Special Edition 1968 ( II ), p . 475 ),

THE COURT ( Sixth Chamber )

composed of : T . Koopmans, President of Chamber, G . F . Mancini, C . N . Kakouris, F . A . Schockweiler and M . Díez de Velasco, Judges,

Advocate General : M . Darmon

Registrar : J . A . Pompe, Deputy Registrar

after considering the observations submitted on behalf of

the Netherlands Government, by E . F . Jacobs, Secretary-General of the Ministry of Foreign Affairs, in writing, and M . A . Fierstra, acting as Agent, orally,

the Portuguese Government, by L . Fernandes, Head of the Legal Affairs Directorate in the Directorate-General for the European Communities, assisted by L . Real, Legal Officer in the Directorate-General for the European Communities, acting...