In his opinion of 27 February 2003, Advocate General Geelhoed discussed whether she can, inter alia, derive such a right to study finance under the non-discrimination rules of EU citizenship, even though Directive 93/96/EC expressly denies access to maintenance grants. Advocate General Geelhoed made an extension of the Grzelczyk reasoning to the Ninni-Oraschce case. In his view:

“the principle of a minimum degree of financial solidarity can, in specific, objectively verifiable circumstances, create a right to equal treatment”.

The ECJ did not take over this reasoning but discussed the status of worker of Ninni – Orasche, which is not excluded by a short – term employment contract of limited duration.

Text of the ECJ judgment
Text of the AG opinion

Grzelczyk was the first judgment which dealt with the right of economically inactive persons to reside in another Member State. The case concerned a French national who, for three years had studied in Belgium and had worked there to pay for his studies. In the fourth and last year of his studies he stopped working in order to concentrate on his studies. He applied for the minimum subsistence allowance (the so-called “minimex”), but did not fulfill the condition set by Belgian law (to be a Belgian or a worker).

The national court asked ECJ whether the refusal to grant the “minimex” was contrary to the EC Treaty rules on EU citizenship and the prohibition of discrimination on grounds of nationality enshrined in Article 12 EC Treaty.

ECJ considered that the condition which had been imposed, by reason of not being imposed on Belgian nationals too, discriminated on grounds of nationality. ECJ found that articles 12 and 18 EC Treaty precluded entitlement to a non-contributory benefit, such as the minimex, from being made dependent on a condition that did not apply to nationals of the host Member State as well.

Grzelczyk is an important judgment, because it recognizes expressly that EU citizenship allows nationals of other Member States, who are lawfully residing in that Member State, access to social benefits beyond existing secondary Community law.

Text of the ECJ judgment
Text of the AG opinion