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Luxembourg / Administrative Court / 35820C

Mr … v Minister of Higher Education and Research

Policy area:
Free movement and equality
Deciding Body type:
National Court/Tribunal
Decision date:

Key facts of the case:

Mr ..., a student residing in Belgium, applied for financial aid for students in higher education in Luxembourg, which was refused to him by the Minister of Higher Education and Research (Ministre de l’Enseignement Supérieur et de la Recherche, MESR). This refusal was justified by the fact that Mr ... was not a child of an employee working in Luxembourg, as required by the Act of 22 June 2000 (condition for the financial aid to be granted). Mr ... brought an action against the Minister’s decision. He alleged that his stepfather, an employee in Luxembourg, should be considered as a family member for the purpose of the application of the legislation considering the grant. Mr ...’s father had died and Mr ...’s mother had remarried. According to Mr ..., his stepfather had replaced his father for what concerns the contribution for the costs with studies. The Adinistrative Tribunal dismissed the action as unfounded and Mr ... appealed to the Administrative Court.

Outcome of the case:

The Administrative Court addressed a question for preliminary ruling to the CJEU. (CJEU Case 401/15)