Reference for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 16 January 2012 - Elodie Giersch, Benjamin Marco Stemper, Julien Taminiaux, Xavier Renaud Hodin and Joëlle Hodin v State of the Grand Duchy of Luxembourg
(Case C-20/12)
Language of the case: French
Referring court
Tribunal administratif
Parties to the main proceedings
Applicants: Elodie Giersch, Benjamin Marco Stemper, Julien Taminiaux, Xavier Renaud Hodin and Joëlle Hodin
Defendant: State of the Grand Duchy of Luxembourg
Question referred
In the light of the Community principle of equal treatment set out in Article 7 of Regulation No 1612/68, do the considerations relating to education policy and budgetary policy put forward by the State of Luxembourg, namely seeking to encourage an increase in the proportion of people with a higher education degree, which is currently inadequate compared with other countries as far as the resident population of Luxembourg is concerned, considerations which would be seriously threatened if the State of Luxembourg had to give financial aid for higher education studies to every student, without any connection with the society of the Grand Duchy, to carry out their higher education studies in any country in the world, which would lead to an unreasonable burden on the budget of the State of Luxembourg, constitute considerations, in terms of the Community case-law cited above, which are capable of justifying the difference in treatment resulting from the residence requirement imposed both on Luxembourg nationals and on nationals of other Member States in order to obtain aid for higher education studies?
____________1 - Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community. English Special Edition 1968(II), p. 475.