''Commission v Austria '' (2005) C-147/03 is an

EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...

case, concerning the

free movement of citizens European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...

in the European Union.

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’.at 2/ref>

Notes

{{reflist, 2

References

* Court of Justice of the European Union case law

Facts

Judgment

See also

Notes

References