Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 17 June 2021 – Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR

(Case C-372/21)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Appellant on a point of law: Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR

Respondent authority: Bildungsdirektion für Vorarlberg

Questions referred

In the light of Article 17 TFEU, does a situation in which a religious society that is recognised and established in one Member State of the European Union applies in another Member State for subsidisation of a private school which is recognised as denominational by that religious society and which is operated in that other Member State by an association registered under the law of that other Member State fall within the scope of EU law, in particular Article 56 TFEU?

If Question 1 is answered in the affirmative:

Is Article 56 TFEU to be interpreted as precluding a national rule which provides, as a condition for the subsidisation of denominational private schools, that the applicant must be recognised as a church or religious society under national law?

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