Notice for the OJ

 

Reference for a preliminary ruling by the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) by order of that court dated 12 February 2003, in the case of The Queen on the application of Dany Bidar against 1) London Borough of Ealing 2) Secretary of State for Education

    (Case C-209/03)

Reference has been made to the Court of Justice of the European Communities by an order of the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court), dated 12 February 2003, which was received at the Court Registry on 15 May 2003, for a preliminary ruling in the case of The Queen on the application of Dany Bidar against 1) London Borough of Ealing 2) Secretary of State for Education on the following questions:

1.Whether, given the decisions of the Court of Justice of the European Communities in case C-39/86 Lair v Universität Hannover [1988] ECR 3161, and case C-189/97 Brown v Secretary of State for Scotland [1988] ECR 3205, and developments in the law of the European Union, including the adoption of Article 18 EC and developments in relation to the competence of the European Union in the field of education, assistance with maintenance costs for students attending university courses, such assistance being given by way of either (a) subsidised loans or (b) grants, continues to fall outside the scope of the application of the EC Treaty for the purposes of Article 12 EC and the prohibition on discrimination on grounds of nationality.

2.If either part of question 1 is answered in the negative, and if assistance with maintenance costs for students in the form of grants or loans do now fall within the scope of Article 12 EC, what criteria should the national court apply in determining whether the conditions governing eligibility for such assistance are based on objectively justifiable considerations not dependent on nationality?

3.If either part of question 1 is answered in the negative, whether Article 12 EC may be relied upon to claim entitlement to assistance with maintenance costs from a date prior to the date of the judgment of the Court of Justice in the present case and, if so, whether an exception should be made for those who initiated legal proceedings before that date?

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