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M. and Ms. H v. Département des Ardennes , n° 01NC00304, Cour administrative d'appel de Nancy, 27 avril 2004 (publication : AJDA 2004 Informations rapides p. 1671)

Facts: the Department of Ardennes issued a bill providing that only students registered either in a public high school or college in their residency district or in the nearest private high school or college from their residence could beneficiate from free transportation. The applicants were M. and Ms H whose daughters obtained a special authorization to be registered in a high school not pertaining to the residency sector. Therefore they did not obtain free transportation. The parents claimed that the bill violated the principle of equality between students from public schools and those from private schools. The Administrative Court of Besancon cancelled the refusal of the President of the "Conseil Général" (the head of the department) to change the bill.

Holding: The Administrative Court of Appeals of Nancy overruled the decision below and did not find a violation of the principle of equality between students in private or public schools.

Reasoning: the conditions and procedure to register students in public and private schools in the department of Ardennes could justify the distinction between students in public and private schools.


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