Commission v Austria (2005) C-147/03 is an EU law case, concerning the free movement of citizens in the European Union.
 | This article needs additional citations for verification. (July 2022) |
| Commission v Austria | |
|---|---|
| Court | European Court of Justice |
| Citation | (2005) C-147/03 |
| Keywords | |
| Free movement of citizens | |
Facts
Austria gave access to higher education for holders of Austrian school certificates, but had higher requirements for non-Austrians. Austria said it sought to preserve the ‘homogeneity of the Austrian higher or university education system.’ It could otherwise expect many German students to attempt to enter Austria, causing ‘structural, staffing and financial problems’ (relying on Kohll (1998) C-158/96).
Judgment
The Court of Justice held that there was little evidence of an actual problem, and a justification based on preserving Austrian homogeneity was not valid. If there was excessive demand for courses, non-discriminatory measures such as an entry exam or minimum grade would suffice. According to the Court, the problems ‘have been and are suffered by other Member States’.[1]
See also
Notes
References
Wikiwand in your browser!
Seamless Wikipedia browsing. On steroids.
Every time you click a link to Wikipedia, Wiktionary or Wikiquote in your browser's search results, it will show the modern Wikiwand interface.
Wikiwand extension is a five stars, simple, with minimum permission required to keep your browsing private, safe and transparent.
