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Article 21 - Non-discrimination
Key facts of the case:
Request for a preliminary ruling from the Bundesgerichtshof (Federal Court of Justice, Germany)
(Directive 2000/43/EC — Equal treatment of persons irrespective of racial or ethnic origin — Article 3(1)(g) — Education — Scholarships awarded to students having passed the First State Law Examination
Outcome of the case:
In the light of the foregoing considerations, I propose that the Court should answer the question referred by the Bundesgerichtshof (Federal Court of Justice, Germany) to the following effect:
The concept of ‘education’ within the meaning of Article 3(1)(g) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin includes the award of scholarships intended to promote projects for research and studies abroad. It is for the national court to verify the existence of a genuine link between the financing provided and ‘education’.
25) The purpose of Directive 2000/43 is to lay down a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the Member States the principle of equal treatment. ( 13 ) It gives specific expression, in its field of application, to the principle of non-discrimination on grounds of race and ethnic origin which is enshrined in Article 21 of the Charter. ( 14 ) The preamble of the directive describes protection against discrimination as a universal right and refers to that effect to various international agreements that recognise that right. ( 15 )