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(Citizenship of the Union - Articles 20 TFEU and 21 TFEU - Right of free movement and residence - National of a Member State - Studies pursued in another Member State - Education or training grant - Permanent residence requirement - Place of education or training located in the applicant’s State of residence or in a neighbouring State - Limited exception - Applicant’s specific circumstances)
2013/C 367/24
Language of the case: German
Applicant: Andreas Ingemar Thiele Meneses
Defendant: Region Hannover
Request for a preliminary ruling — Verwaltungsgericht Hannover — Interpretation of Articles 20 and 21 TFEU — Education or training grant (‘BAföG’) — Member State’s legislation making its award subject to the condition that its nationals who are resident abroad show ‘special circumstances’ and restricting the place of education or training to the Member State of residence or a neighbouring State
Articles 20 TFEU and 21 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which, as a rule, makes the award of an education or training grant for studies pursued in another Member State subject to the sole condition of having established a permanent residence, within the meaning of that legislation, on national territory and which, in a case where the applicant is a national of that State with no permanent residence within that State, provides for a grant for education or training abroad only in the applicant’s State of residence or in a neighbouring State thereof and only where specific circumstances justify such a grant.
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Language of the case: German.