21.9.2013

Official Journal of the European Union

C 274/5

(Case C-359/13)

2013/C 274/10

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellant: B. Martens

Respondent: Minister van Onderwijs, Cultuur en Wetenschap

Questions referred

1A.Must European Union law, in particular Article 45 TFEU and Article 7(2) of Regulation No 1612/68, be interpreted as precluding the EU Member State — the Netherlands — from terminating the right to receive study finance for education or training outside the EU of an adult dependent child of a frontier worker with Netherlands nationality who lives in Belgium and works partly in the Netherlands and partly in Belgium, at the point in time at which the frontier work ceases and work is then performed exclusively in Belgium, on the ground that the child does not meet the requirement that she must have lived in the Netherlands for at least three of the six years preceding her enrolment at the educational institution concerned?

1B.If Question 1A must be answered in the affirmative: does European Union law preclude the granting of study finance for a period shorter than the duration of the education or training for which study finance was granted, it being assumed that the other requirements governing eligibility for study finance have been satisfied? If, in answering Questions 1A and 1B, the Court of Justice should conclude that the legislation governing the right of freedom of movement for workers does not preclude a decision not to grant Ms Martens any study finance during the period from November 2008 to June 2011 or for part of that period:

2.Must Articles 20 TFEU and 21 TFEU be interpreted as precluding the EU Member State — the Netherlands — from not extending the study finance for education or training at an educational institution which is established in the Overseas Countries and Territories (Curaçao), to which there was an entitlement because the father of the person concerned worked in the Netherlands as a frontier worker, on the ground that the person concerned does not meet the requirement, applicable to all European Union citizens, including its own nationals, that she must have lived in the Netherlands for at least three of the six years preceding her enrolment for that education or training?

(1) Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968(II), p. 475).