Discrimination on Grounds of Nationality

The prohibition of discrimination on grounds of nationality is the cornerstone of European integration: any citizen of the Union lawfully resident in a Member State of which he or she is not a national can rely on the prohibition of discrimination on grounds of nationality in all situations which fall within the scope of EU law. Such discrimination may be direct in the sense that a difference in treatment is directly related to nationality, or indirect where the treatment depends, for example, on the country of residence. The matter has been brought before the Court on multiple occasions.

In 1989, the Court considered that a British tourist seriously injured following an assault suffered by him on the Paris metro by persons unknown has the same right to compensation from the French State as a French national. Such a tourist must be entitled to receive services outside his or her country of origin and can therefore rely on the prohibition of discrimination on grounds of nationality (judgment of 2 February 1989, Cowan, 186/87).

In the well-known Bosman judgment of 1995, the Court held, inter alia, that the prohibition of discrimination on grounds of nationality precludes the application of rules laid down by sporting associations, under which, in matches in competitions which they organise, football clubs may field only a limited number of professional players who are nationals of other Member States (judgment of 15 December 1995, Bosman, C-415/93).

In 1998, the Court established the principle that nationals of a Member State can rely on their European citizenship for protection against discrimination on grounds of nationality by another Member State. Accordingly, the Court held that a Spanish mother lawfully resident in Germany can rely on the prohibition of discrimination on grounds of nationality where that Member State refuses to grant her the German child-raising allowance on the ground that she is not in possession of  a residence permit, when German nationals are not required to produce such a document (judgment of 12 May 1998, Martinez Sala, C-85/96).

In 2004, the Court held that a Member State discriminates against holders of secondary education diplomas obtained in other Member States when it does not allow them to gain access to higher education under the same conditions  as holders of secondary education diplomas obtained in that Member State (judgment of 1 July 2004, Commission v Belgium, C-65/03).