Commission v Austria

Commission v Austria
Court	European Court of Justice
Citation	(2005) C-147/03
Keywords
Free movement of citizens

Commission v Austria (2005) C-147/03 is an EU law case, concerning the free movement of citizens 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’.

See also

• European Union law