Discrimination based on nationality is not permitted, unless it is objectively justified

The basis for the judgment was a case in Belgium. In accordance with a decree of the Belgian state, universities and schools of higher education were obliged to limit the number of students not considered as resident in Belgium. French Students brought an action seeking the annulment of the decree before the Belgian Constitutional Court, which referred to the ECJ for a preliminary ruling as this concerned questions about the interpretation of European Union law. First, the Court of Justice finds that the disputed legislation would result in a difference in treatment between resident and non-resident students. Such difference in treatment constitutes indirect discrimination on the ground of nationality, which is prohibited, unless it is objectively justified. This implied that restrictions are, however, compatible with European Union law, if they are justified in view of the aim to protect public health.

National courts must examine whether public health is at risk

The ECJ stated in its judgment that it is the responsibility of the national courts to examine whether public health is actually at risk. The national authorities must provide evidence in form of reliable, corresponding and conclusive data to ascertain whether the risk in question does exist. Austria already introduced quotas for foreign students a few years ago, for which she has previously been reprimanded. Austria’s intention was to use these quotas to stem the influx of German students. Based on the landmark judgment of the ECJ one can now expect that the Austrian quota system will hold.

Further information:

Press release of the ECJ