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Case C-638/20: Judgment of the Court (Second Chamber) of 24 November 2022 (request for a preliminary ruling from the Överklagandenämnden för studiestöd — Sweden) — MCM v Centrala studiestödsnämnden (Reference for a preliminary ruling — Freedom of movement for persons — Article 45 TFEU — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies in another Member State — Residence requirement — Alternative requirement of social integration for non-resident students — Situation of a student who is a national of the State granting the aid, residing since birth in the State of studies)
ECLI:EU:UNKNOWN:62020CA0638
62020CA0638
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23.1.2023
Official Journal of the European Union
C 24/4
(Case C-638/20) (*)
(Reference for a preliminary ruling - Freedom of movement for persons - Article 45 TFEU - Equal treatment - Social advantages - Regulation (EU) No 492/2011 - Article 7(2) - Financial aid for higher education studies in another Member State - Residence requirement - Alternative requirement of social integration for non-resident students - Situation of a student who is a national of the State granting the aid, residing since birth in the State of studies)
(2023/C 24/04)
Language of the case: Swedish
Referring court
Överklagandenämnden för studiestödn
Parties to the main proceedings
Applicant: MCM
Defendant: Centrala studiestödsnämnden
Operative part of the judgment
Article 45 TFEU and Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union
must be interpreted as meaning that those provisions do not preclude legislation of a Member State by which the grant of financial aid for the pursuit of studies in the host Member State, to the child of a person who has left the host Member State in which that person worked in order to return to live in the first Member State, of which he or she is a national, is made subject to the requirement that the child have a connection with the Member State of origin, in a situation where, first, the child has lived since birth in the host Member State and, second, the Member State of origin makes other nationals not satisfying the residence requirement and who apply for such financial aid to study in another Member State subject to the requirement of the existence of a connection.
(*) Language of the case: Swedish.