Case C-65/03

Commission of the European Communities

v

Kingdom of Belgium

(Failure of a Member State to fulfil obligations – Articles 12 EC, 149 EC and 150 EC – Secondary education diploma awarded in another Member State – Access to higher education)

Summary of the Judgment

Community law – Principles – Equal treatment – Discrimination on grounds of nationality – Access to higher education – Different conditions for holders of secondary education diplomas awarded in other Member States – Not permissible

(Arts 12 EC, 149 EC and 150 EC)

A Member State which fails to take the measures necessary to ensure that holders of secondary education diplomas awarded in other Member States can gain access to higher education under the same conditions as holders of the Certificate of higher secondary education (CESS) awarded in the Member State concerned has failed to fulfil its obligations under Article 12 EC, read in conjunction with Articles 149 EC and 150 EC.

(see para. 31, operative part)

JUDGMENT OF THE COURT (Third Chamber) 1 July 2004 (1)

(Failure of a Member State to fulfil obligations – Articles 12 EC, 149 EC and 150 EC – Secondary education diploma awarded in another Member State – Access to higher education)

In Case C-65/03,

applicant,

v

defendant,

APPLICATION for a declaration that, by failing to take the measures necessary to ensure that holders of secondary education diplomas awarded in other Member States can gain access to higher education organised by Belgium's French Community under the same conditions as holders of the certificat d'enseignement secondaire supérieur (CESS), the Kingdom of Belgium has failed to fulfil its obligations under Articles 12 EC, 149 EC and 150 EC,

THE COURT (Third Chamber),,

composed of: A. Rosas, President of the Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges,

Advocate General: C. Stix-Hackl,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

‘Within the scope of application of this Treaty, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.’

‘1. The Community shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.

2. Community action shall be aimed at:

...

…’

‘1. The Community shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training.

Community action shall aim to:

…

‘If equivalence provided for in Article 1 of the Law of 19 March 1971 is granted, that shall under no circumstances have the effect:

…

(b) of giving the recipient access to studies to which he does not have access in the country in which the diploma or certificate was awarded’.

‘Diplomas awarded on completion of the new system of secondary studies issued in Luxembourg as from the school year 1993-94 and containing any of the following wording:

…

shall be declared equivalent to the official certificate of higher secondary education.’

On those grounds,

THE COURT (Third Chamber)

hereby:

Rosas

Schintgen

Colneric

Delivered in open court in Luxembourg on 1 July 2004.

R. Grass

A. Rosas

Registrar

President of the Third Chamber