A recent European Court of Justice ruling has reinforced the entitlement of students to receive state support to study in one European Union country even though their parents may be working in another member state.
The action was brought by a Belgian chemistry student told by her local funding authority that she was not entitled to money because her parents worked in the Netherlands.
Judges ruled that the Hoofddirectie van de Informatie Beheer Groep was wrong to refuse funding for the student to attend the Provincial Higher Technical Institute for Chemistry in Antwerp.
The student and her parents are Belgian citizens and live in Belgium. The ECJ found that the decision broke EU anti-discrimination laws, which stop people being unfairly treated on the grounds of nationality, residence and where they work.
The court set a precedent, ruling that "the dependent child of a national of one member state who lives in that country but works in another member state can rely on Article 7(2) of EU Regulation 1612/68 to obtain study finance", enjoying the same rights as other nationals of both the state of residence and employment.
The student's father is the director and sole shareholder of a company established in the Netherlands. Her mother is employed by the company for two days a week.
The student began her studies in August 1993 at the Technical Institute and in October applied to the Hoofddirectie for study finance under the Wet op de Studiefinanciering law.
A basic grant was awarded for November 1993 to March 1994 but her application was later rejected in October 1994 and a refund demanded.
The student argued that the right to finance could not be made subject to the requirement that she lived in the member state where her parents were employed any more than it could be related to nationality.
Andrew Cubie, page 16