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Luxembourg / High Administrative Court / 38129C

Appeal by Mr. X against a decision of the administrative court

Policy area:
Education, training, youth, sport
Deciding Body type:
National Court/Tribunal
Deciding Body:
High administrative court
Type:
Decision
Decision date:
16/02/2017

Key facts of the case: 

The case concerned an application for a financial aid for higher studies. The applicant, a French resident studying in Luxembourg and whose parents were working in Luxembourg, saw his application rejected by the Minister of Higher Education and Research. The rejection was based on the principle of non-accumulation of financial aids, and the fact that the student had not delivered the requested document from a French funding body for higher studies (Centres régionaux des oeuvres universitaires et scolaires), which indicated how much financial aid the student could receive from that body. The applicant argued that the request was irrelevant since he could in any case not qualify for the said French financial aid, and had therefore never introduced an application to obtain it.

Outcome of the case: 

The Court held that the competent administrative authority should have understood that the appellant was in a situation of material impossibility to provide the documents that were requested of him. Therefore, the Court decided in favour of the appellant and annulled the decision made by the Minister of Higher Education and Research, requesting him to re-evaluate the appelant’s application. The Court condemned the State to the bear the cost of the proceedings.