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CJEU Case C-830/18 / Judgment

Landkreis Südliche Weinstraße v PF and Others

Policy area:
Education, training, youth, sport
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Ninth Chamber)
Type:
Decision
Decision date:
02/04/2020

Key facts of the case:

Reference for a preliminary ruling — Freedom of movement for workers — Regulation (EU) No 492/2011 — Children of frontier workers — Social advantages — System for reimbursement of school transport costs — Requirement of residence in a Land — Exclusion of children attending school in that Land and residing in a Member State other than that of the school attended — Exclusion of nationals residing in other Länder.

Outcome of the case:

On those grounds, the Court (Ninth Chamber) hereby rules:

  1. Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as meaning that national legislation which makes the payment of school transport costs by a Land subject to a requirement of residence in the territory of that Land constitutes indirect discrimination, in that it is intrinsically liable to affect frontier workers more than national workers.
  2. Article 7(2) of Regulation No 492/2011 must be interpreted as meaning that practical difficulties linked to the effective organisation of school transport within a Land do not constitute an overriding reason in the public interest that is capable of justifying a national measure categorised as indirect discrimination.