Source: All England Reporter
Publisher Citation: [2012] All ER (D) 133 (Oct)
Court: Court of Justice of the European Union (Second Chamber)
Judge:

Judges Cunha Rodrigues (President), Lohmus, Rosas, O'Caoimh (Rapporteur) and Fernlund

Judgment Dates: 4 October 2012

Catchwords

European Union - Principle of non-discrimination - Freedom to reside and move freely within territory of member states - Austrian national rules excluding nationals of other member states from receipt of benefit - Nationals of member states other than Austria pursuing studies in Austria paying higher fares than Austrian students to use public transport - Whether Austria indirectly discriminating against the citizens of other member states studying in Austria - Council Directive (EC) 2004/38, art 24.

The Case

European Union Principle of non-discrimination. The Court of Justice of the European Union declared that, by granting reduced fares on public transport in principle only to students whose parents were in receipt of Austrian family allowances, Austria had failed to fulfil its obligations under the combined provisions of arts 18, 20 and 21 TFEU and also art 24 of Council Directive (EC) 2004-38 (on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states).

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