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Case C-391/20: Judgment of the Court (Grand Chamber) of 7 September 2022 (request for a preliminary ruling from the Latvijas Republikas Satversmes tiesa — Latvia) — proceedings brought by Boriss Cilevičs and Others (Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Restriction — Justification — The organisation of education systems — Institutions of higher education — Obligation to provide courses of study in the official language of the Member State concerned — Article 4(2) TEU — National identity of a Member State — Defence and promotion of the official language of a Member State — Principle of proportionality)
ECLI:EU:UNKNOWN:62020CA0391
62020CA0391
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24.10.2022
Official Journal of the European Union
C 408/7
(Case C-391/20) (*)
(Reference for a preliminary ruling - Article 49 TFEU - Freedom of establishment - Restriction - Justification - The organisation of education systems - Institutions of higher education - Obligation to provide courses of study in the official language of the Member State concerned - Article 4(2) TEU - National identity of a Member State - Defence and promotion of the official language of a Member State - Principle of proportionality)
(2022/C 408/07)
Language of the case: Latvian
Referring court
Parties to the main proceedings
Applicants: Boriss Cilevičs, Valērijs Agešins, Vjačeslavs Dombrovskis, Vladimirs Nikonovs, Artūrs Rubiks, Ivans Ribakovs, Nikolajs Kabanovs, Igors Pimenovs, Vitālijs Orlovs, Edgars Kucins, Ivans Klementjevs, Inga Goldberga, Evija Papule, Jānis Krišāns, Jānis Urbanovičs, Ļubova Švecova, Sergejs Dolgopolovs, Andrejs Klementjevs, Regīna Ločmele-Luņova, Ivars Zariņš
Interested party: Latvijas Republikas Saeima
Operative part of the judgment
Article 49 TFEU must be interpreted as not precluding legislation of a Member State which, in principle, obliges higher education institutions to provide teaching solely in the official language of that Member State, in so far as such legislation is justified on grounds related to the protection of its national identity, that is to say, that it is necessary and proportionate to the protection of the legitimate aim pursued.
(*) Language of the case: Latvian.