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Case C-830/18: Judgment of the Court (Ninth Chamber) of 2 April 2020 (request for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz — Germany) — Landkreis Südliche Weinstraße v PF and Others (Reference for a preliminary ruling — Freedom of movement for workers — Regulation (EU) No 492/2011 — Children of frontier workers — Social advantages — System for reimbursement of school transport costs — Requirement of residence in a Land — Exclusion of children attending school in that Land and residing in a Member State other than that of the school attended — Exclusion of nationals residing in other Länder)

ECLI:EU:UNKNOWN:62018CA0830

62018CA0830

April 2, 2020
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13.7.2020

Official Journal of the European Union

C 230/8

(Case C-830/18) (1)

(Reference for a preliminary ruling - Freedom of movement for workers - Regulation (EU) No 492/2011 - Children of frontier workers - Social advantages - System for reimbursement of school transport costs - Requirement of residence in a Land - Exclusion of children attending school in that Land and residing in a Member State other than that of the school attended - Exclusion of nationals residing in other Länder)

(2020/C 230/10)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Landkreis Südliche Weinstraße

Defendant: PF and Others

Other party to the proceedings: Vertreter des öffentlichen Interesses

Operative part of the judgment

1.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 national legislation which makes the payment of school transport costs by a Land subject to a requirement of residence in the territory of that Land constitutes indirect discrimination, in that it is intrinsically liable to affect frontier workers more than national workers;

2.Article 7(2) of Regulation No 492/2011 must be interpreted as meaning that practical difficulties linked to the effective organisation of school transport within a Land do not constitute an overriding reason in the public interest that is capable of justifying a national measure categorised as indirect discrimination.

(1) OJ C 131, 8.4.2019.

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