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Valentina R., lawyer
(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
Applicant: Landkreis Südliche Weinstraße
Defendant: PF and Others
Other party to the proceedings: Vertreter des öffentlichen Interesses
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.