Donato Casagrande v. Landeshauptstadt München, Case C‑9/74, CJEU, 3 July 1974

Refusal by the host Member State to grant the child of a worker from another Member State an educational grant intended for its own nationals. Discriminatory treatment incompatible with art. 12 of Regulation 1612/1968.

Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community

1. Although, under the Treaty, the field of education and vocational training does not fall within the competence of the Community institutions, this does not mean that the exercise of the powers conferred on the Community should be limited in any way, when it could have repercussions on the measures taken in this sector.

2. In providing that the children of a national of a Member State who is or has been employed in the territory of another Member State shall be admitted to educational courses 'under the same conditions as the nationals' of the host State, Article 12 refers not only to rules relating to admission, but also to general measures intended to facilitate educational attendance and, therefore, also of the economic advantages provided by the internal laws of this country in order to promote education.