Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/14/2012

Subject: The Court affirmed that the Netherlands legislation making funding for studies abroad subject to a residence requirement (“3 out of 6 years”) gives rise to inequality of treatment between Netherlands workers and migrant workers residing in the Netherlands. Such inequality constitutes unlawful indirect discrimination, because the Netherlands has not proved that this requirement did not go beyond what is necessary to attain the objective of promoting student mobility.

Parties: Commissione europea c. Regno dei Paesi Bassi

Classification: Citizens’ rights - Art. 45 Freedom of movement

Text