Английская Википедия:Gravier v City of Liège
Шаблон:Italic title Шаблон:Infobox European case
Françoise Gravier v City of Liège (C-293/83) was an important freedom of movement case in European law concerning non-discrimination in access to vocational education. It held that an education institution may not discriminate against students in terms of the fees they charge on grounds of nationality.
The judgment did not concern maintenance grants from the government. In order to claim those, the European Court of Justice's (ECJ) decisions in R (Bidar) v London Borough of Ealing[1] and Förster v Hoofddirectie van de Informatie Beheer Groep[2] state that a person can be required to have lived in a country for five years prior to a claim.
Facts
Françoise Gravier, a French national, applied in 1982 to study cartoon drawing at the Académie Royale des Beaux-Arts in the Belgian city of Liège.Шаблон:Sfn Gravier was requested to pay a fee of 24,622 Belgian francs (approximately 610 euros) as a Minerval (enrolment fee) which was only demanded from foreign students. After refusing to meet the fee, Gravier was rejected by the Académie and her Belgian study visa was revoked.Шаблон:Sfn
Case
Gravier argued that the fee breached Article 7 of the 1958 Treaty of Rome (discrimination on the grounds of nationality) and Article 59 (equality in the provision of services).Шаблон:Sfn Gravier took the City of Liège to the tribunal of first instance in Belgium. The court ruled that the matter concerned European Community law and that a judgment could not be produced until two points of law had been ruled on by the European Court of Justice (ECJ) in Luxembourg.Шаблон:Sfn The case was tried in 1985.
Judgment
On 13 February 1985, the ECJ ruled that: Шаблон:Cquote
It also ruled that learning cartoon art counted as "vocational training" and thus qualify for the same legal status.Шаблон:Sfn
Gravier v. City of Liège is acknowledged as a precedent in European case law. The ECJ further ruled that, although higher education was outside European laws and regulations, the access to it was not. As a result, non-discriminatory access had to be applied by member states for access to professional education. With the later case in 1988, Blaizot v. University of Liège, the ECJ decreed that any education at universities can be counted as professional education.
See also
Notes
References
- Шаблон:Citation
- Sacha Garben, EU Higher Education Law: The Bologna Process and Harmonization by Stealth (2011)
- Dr. Walter Demmelhuber, The European Court of Justice advancing Student Mobility, CEDEFOP, Vocational Training Nr. 21 (PDF)
- Шаблон:Cite journal
External links
- European Court of Justice 13 February 1985, Case 293/83, Шаблон:ECLI, Françoise Gravier v City of Liège
- ↑ European Court of Justice 15 March 2005, Case C-209/03, Шаблон:ECLI, Шаблон:CELEX, Dany Bidar v London Borough of Ealing and Secretary of State for Education and Skills
- ↑ European Court of Justice 18 November 2008, Case C-158/07, Шаблон:ECLI, Шаблон:CELEX, Jacqueline Förster v Hoofddirectie van de Informatie Beheer Groep (IB-Groep). (See Шаблон:ECLI, the Шаблон:Language ruling based on this judgment)
