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Dany Bidar [2005]
June 2, 2007 |
This is by far the most significant case on students’ rights in EC law. It concerns an individual of French nationality, Dany Bidar, who completed his secondary education in the UK. After that, he enrolled at University College London and applied for a maintenance loan. Even if he was granted financial aid with tuition fees, he was refused the maintenance loan on the basis that he was not “settled” in the UK. In order to be “settled” a person has to have lived in the UK for four years other than for the purposes of receiving full-time education. In fact Mr. Bidar had already been living for several years in the UK, where his mother had to undergo medical treatment. During this time he completed his secondary education without ever having recourse to social assistance. He then started his studies at University College London, and applied for maintenance assistance which was refused.
ECJ was asked whether a student applying for student loan in the UK could invoke the principle of non-discrimination on grounds of nationality laid down in Article 12 EC Treaty.
ECJ stated that a student, during the residence in a host Member State, can rely on the right of equal treatment contained in article 12 EC Treaty. It is not required that a student disposes of the sufficient financial funds during the entire period of his stay. If a student’s financial position changes with the passage of time, this cannot automatically have adverse effects upon his right of residence. Therefore it was unlawful to deny French citizen Dany Bidar access to student loans for maintenance purposes during his studies at University College London. However it is legitimate for a Member State to grant such assistance only to students who have demonstrated a certain degree of integration into the society of that State. The existence of a certain degree of integration may be regarded as established by a finding that the student in question has resided in the host Member State for a certain length of time.
Text of the ECJ judgment
Text of the AG opinion