Angelo Alaimo v Préfet du Rhône (68/74)

law://eu/cjeu/1974/c-68-74/para_4@2026-11-13

4.The Commission observes that the interpretation of Article 12 of Regulation No 1612/68 of the Council raises two questions:(a) Does Article 12 contain a prohibition on discrimination?(b) Must the scope of this prohibition, which the wording of Article 12 limits to the admission to courses, be understood in a wide or narrow sense?The preliminary ruling sought in the present case is whether the words ‘shall be admitted. . . under the same conditions as the nationals of that State’ should be limited to the conditions of enrolment in the courses or whether the provision guarantees likewise equality as regards all the rights arising from admission.The Tribunal Administratif, Lyon, seems to regard the aforementioned article as containing a prohibition on discrimination which is directly applicable in the legal system of every Member State.The Court has confirmed this interpretation in its judgment in Case 9/74 (Casagrande).As to the determination of the scope of this prohibition on discrimination the Commission refers to the uniform case-law of the Court in the judgment of 15 October 1969 in Case 15/69, Württembergische Milchverwertung-Südmilch-AG v Salvatore Ugliola, Rec. 1969, p. 363, and the judgment of 13 December 1972 in Case 44/72, Pieters Marsman v M. Rosskamp, Rec 1972, p. 1243. According to those decisions ‘The Community rules relating to matters of social security are based on the principle that the law of each Member State must ensure that nationals of other Member States employed within its territory receive all the benefits which it grants to its own nationals.’ It follows moreover from the judgment of 11 April 1973 in Case 76/72 Michel S. v. Ponds National de Reclassement Social des Handicapés [1973] ECR 457 that Article 12 of Regulation No 1612/68 guarantees not only admission to courses. In Case 9/74 abovementioned the Court reaffirmed this interpretation and ruled that the wording of the provision contained in this article refers not only to rules relating to admission but also to general measures intended to facilitate educational attendance. In view of this interpretation by the Court there seems no doubt that the expression used in Article 12 of Regulation No 1612/68 must be understood in a broad sense involving equality of treatment as regards financial conditions and in particular the award of educational grants provided for in the legal system of the host country to facilitare attendance at courses.

Angelo Alaimo v Préfet du Rhône (68/74)

Angelo Alaimo v Préfet du Rhône (68/74)

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