OPINION OF MR ADVOCATE-GENERAL WARNER

DELIVERED ON 22 JANUARY 1975 (*1)

My Lords,

In this Case I am able to deliver my opinion at once and in the language of the Case. It will be very brief as it seems to me sufficient to say that, as both the Commission and the Italian Republic have pointed out, the question raised by the order for reference of the Tribunal administratif de Lyon has already been settled by the Court's judgment in Case 9/74, Casagrande v Landeshauptstadt München ([1974] ECR 773) and I see no reason to suggest that your Lordships should depart from anything in that judgment. On the contrary I still hold the view which I expressed to you at that time.

Adapting the operative part of that judgment to the wording of the question put by the Tribunal de Lyon, I am of the opinion that you should rule that, in providing that the children of a national of a Member State who is or has been employed in the territory of another Member State shall be admitted to that State's educational courses ‘under the same conditions as the nationals’ of that State, Article 12 of Regulation (EEC) No 1612/68 of the Council refers not only to the conditions for admission to courses but also to the whole of the rights flowing from such admission.

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(*1) Translated from the French.