Judgment of the Court (Third Chamber) of 18 July 2013 (requests for a preliminary ruling from the Verwaltungsgericht Hannover, Verwaltungsgericht Karlsruhe – Germany) – Laurence Prinz v Region Hannover (C-523/11), and Philipp Seeberger v Studentenwerk Heidelberg (C-585/11)
(Joined Cases C-523/11 and C-585/11) 1
(Citizenship of the Union – Articles 20 TFEU and 21 TFEU – Right of freedom of movement and residence – Education or training grant awarded to nationals of a Member State in order to pursue their studies in another Member State – Requirement of residence in the home Member State for at least three years prior to the commencement of studies)
Language of the case: German
Referring court
Verwaltungsgericht Hannover, Verwaltungsgericht Karlsruhe
Parties to the main proceedings
Applicants: Laurence Prinz (C-523/11), Philipp Seeberger (-585/11)
Defendants: Region Hannover (C-523/11), and Studentenwerk Heidelberg (C-585/11)
Re:
Requests for a preliminary ruling – Verwaltungsgericht Hannover – Interpretation of Articles 20 TFEU and 21 TFEU – Receipt of an education or training grant (‘Ausbildungsförderung’) – National rules limiting receipt of that grant to one year for citizens who pursue their studies abroad and reside for less than three years prior to the commencement of their studies in a national territory
Operative part of the judgment
Articles 20 TFEU and 21 TFEU must be interpreted as meaning that they preclude legislation of a Member State which makes the award of an education grant for studies in another Member State for a period of more than one year subject to a sole condition, such as that laid down in Paragraph 16(3) of the Federal Law on assistance for education and training [Bundesgesetz über individuelle Förderung der Ausbildung (Bundesausbildungsförderungsgesetz)], as amended on 1 January 2008, by the twenty-second law amending the Federal Law on assistance for education and training, requiring the applicant to have had a permanent residence, within the meaning of that law, in national territory for at least three years before commencing those studies.
____________1 OJ C 13, 14.1.2012.
. OJ C 49, 18.2.2012.