14.12.2013
EN
Official Journal of the European Union
C 367/16
Judgment of the Court (Third Chamber) of 24 October 2013 (request for a preliminary ruling from the Verwaltungsgericht Hannover — Germany) — Samantha Elrick v Bezirksregierung Köln
(Case C-275/12) (1)
(Citizenship of the Union - Articles 20 TFEU and 21 TFEU - Right of free movement and residence - National of a Member State - Studies pursued in another Member State - Education or training grant - Conditions - Duration of course greater than or equal to two years - Obtaining a vocational qualification)
2013/C 367/26
Language of the case: German
Referring court
Verwaltungsgericht Hannover
Parties to the main proceedings
Applicant: Samantha Elrick
Defendant: Bezirksregierung Köln
Re:
Request for a preliminary ruling — Verwaltungsgericht Hannover — Interpretation of Articles 20 and 21 TFEU — Entitlement to a ‘BAföG’ education or training grant — Member State legislation providing for such entitlement in respect of a certain course, of one year’s duration, pursued in that Member State, but excluding such entitlement for a comparable course pursued in another Member State
Operative part of the judgment
Articles 20 TFEU and 21 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, that makes the award of an education or training grant, to a national resident in that Member State, for a course pursued in another Member State, subject to the requirement that the course in question lead to a vocational qualification equivalent to that provided by a vocational school in the State awarding the grant, following a course of at least two years’ duration, whereas an education or training grant would have been awarded if the national had chosen to undertake, in the State awarding the grant, a course equivalent to that which she wished to pursue in another Member State, and which is of less than two years’ duration.
(1) OJ C 250, 18.8.2012.
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