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Case 293/83, Gravier v City of Liège, 1985 ECR 593, 615, 1985:3 CMLR 1

Facts: Mlle. Gravier, a French national, was charged a fee to enroll on an arts course in Belgium. This fee would not have been charged to a Belgian national. She argued that the imposition of a fee was contrary to the principle of non-discrimination expressed in (what is now) Art. 12 of the EC Treaty.

Holding: educational establishments imposing fees on non-nationals and not on nationals violate article 12 of the EC Treaty. Barriers to access to vocational training also contravened Article 7 of the Treaty, where vocational training was defined by the Court as “any form of education which prepares for a qualification for a particular profession, trade or employment ...”

Reasoning: Art. 12 applied only to areas of policy that were within the scope of the Treaty, and educational policy in general was not one of these areas. However, education, in general, was ``not unconnected with'' Community law, and access to education was of particular relevance. Therefore, any restriction on `access to training', and that would include the imposition of fees, would have to satisfy the principle of non-discrimination. Consequently, and educational establishment could not impose fees on non-nationals that it did not impose on nationals.



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