Input: "As" "the" "Commission" "pointed" "out" "at" "the" "hearing" "," "in" "CIF" "there" "would" "have" "been" "an" "alternative" "route" "for" "an" "individual" "seeking" "redress" "for" "a" "breach" "of" "EU" "competition" "rules" ":" "ordinary" "courts" "."


Input: "Those" "courts" "would" "," "in" "accordance" "with" "the" "Court" "’" "s" "case-law" "," "have" "been" "obliged" "to" "refrain" "from" "applying" "national" "legislation" "contrary" "to" "EU" "competition" "rules" "."


Input: "Even" "though" "in" "theory" "such" "an" "alternative" "existed" "," "the" "Court" "held" "that" "the" "Italian" "competition" "authority" "was" "under" "an" "obligation" "to" "refrain" "from" "applying" "national" "legislation" "in" "order" "to" "ensure" "full" "effectiveness" "of" "EU" "competition" "rules" "." "78" "."


Input: "However" "," "it" "is" "of" "particular" "importance" "here" "that" "the" "jurisdiction" "of" "the" "Italian" "competition" "authority" "to" "ensure" "the" "observance" "of" "EU" "competition" "rules" "was" "not" "limited" "by" "national" "law" ":" "quite" "the" "contrary" "," "it" "was" "the" "(" "sole" ")" "organ" "vested" "with" "the" "power" "to" "ensure" "the" "observance" "of" "EU" "competition" "rules" "."


Input: "Unlike" "in" "the" "present" "case" "," "the" "substantive" "competence" "of" "that" "authority" "was" "not" "limited" "to" "a" "certain" "category" "of" "case" "."


Input: "Bearing" "that" "in" "mind" "," "the" "need" "to" "ensure" "the" "full" "effectiveness" "of" "EU" "law" "did" "indeed" "require" "in" "CIF" "that" "a" "national" "competition" "authority" "could" "leave" "national" "legislation" "unapplied" ":" "in" "the" "case" "in" "question" "," "it" "would" "have" "been" "difficult" "," "if" "not" "impossible" "," "for" "that" "authority" "to" "ensure" "observance" "of" "the" "EU" "competition" "rules" "which" "it" "was" "to" "apply" "," "if" "it" "did" "not" "have" "such" "power" "." "79" "."


Input: "I" "find" "it" "difficult" "to" "identify" "a" "similar" "need" "here" "." "80" "."


Input: "Once" "a" "complaint" "potentially" "requiring" "the" "disapplication" "of" "national" "legislation" "has" "been" "brought" "before" "the" "competent" "body" "(" "the" "High" "Court" ")" "," "that" "court" "can" "refrain" "from" "applying" "national" "legislation" "where" "deemed" "contrary" "to" "EU" "law" "," "or" "to" "another" "superior" "norm" "," "and" "provide" "any" "other" "remedy" "needed" "to" "cure" "the" "alleged" "discrimination" "."


Input: "It" "is" "also" "crucial" "to" "stress" "that" "no" "alternative" "avenue" "exists" "for" "complainants" "," "given" "that" "jurisdiction" "to" "hear" "complaints" "involving" "a" "challenge" "to" "the" "validity" "of" "legislation" "or" "requiring" "the" "disapplication" "of" "legislation" "is" "vested" "solely" "in" "the" "High" "Court" "." "81" "."


Input: "That" "is" "why" "I" "also" "cannot" "accept" "the" "argument" "that" "the" "rule" "of" "jurisdiction" "prevents" "a" "body" "such" "as" "the" "WRC" "," "which" "has" "the" "status" "of" "a" "‘" "court" "or" "tribunal" "’" "for" "the" "purposes" "of" "Article" "267" "TFEU" "," "(" "25" ")" "from" "ensuring" "that" "effective" "protection" "is" "afforded" "to" "rights" "deriving" "from" "EU" "law" "." "82" "."


Input: "A" "closer" "look" "reveals" "the" "weakness" "of" "that" "argument" ":" "the" "WRC" "could" "not" "make" "a" "preliminary" "reference" "on" "the" "substantive" "issue" "of" "whether" "a" "legislative" "instrument" "breaches" "Directive" "2000" "/" "78" "in" "the" "first" "place" "," "because" "consideration" "of" "such" "cases" "falls" "outside" "its" "jurisdiction" "."


Input: "By" "contrast" "," "as" "the" "competent" "court" "to" "hear" "the" "case" "," "the" "High" "Court" "could" "have" "requested" "a" "preliminary" "ruling" "on" "the" "compatibility" "of" "the" "age" "restriction" "measure" "." "83" "."


Input: "A" "corollary" "argument" "was" "discussed" "at" "the" "hearing" "at" "some" "length" "."


Input: "According" "to" "the" "WRC" "in" "particular" "," "if" "the" "Court" "were" "to" "hold" "that" "the" "rule" "of" "jurisdiction" "is" "not" "contrary" "to" "EU" "law" "," "the" "effectiveness" "of" "the" "preliminary" "ruling" "procedure" "under" "Article" "267" "TFEU" "would" "be" "compromised" "."


Input: "The" "rule" "at" "issue" "could" "prevent" "the" "WRC" "from" "giving" "full" "effect" "to" "a" "judgment" "given" "by" "the" "Court" "holding" "that" "a" "provision" "of" "Irish" "legislation" "is" "contrary" "to" "Directive" "2000" "/" "78" "." "84" "."


Input: "In" "that" "regard" "," "I" "note" "that" "that" "argument" "presupposes" "that" "the" "case" "falls" "within" "the" "jurisdiction" "of" "the" "WRC" "."


Input: "However" "," "none" "of" "the" "parties" "has" "been" "able" "to" "give" "a" "concrete" "example" "of" "a" "situation" "where" "both" "of" "the" "following" "elements" "are" "present" ":" "namely" "," "on" "the" "one" "hand" "," "that" "the" "case" "falls" "within" "the" "jurisdiction" "of" "the" "WRC" "because" "it" "does" "not" "involve" "a" "claim" "requiring" "disapplication" "of" "national" "law" "," "and" "," "on" "the" "other" "hand" "," "a" "finding" "made" "by" "the" "Court" "," "on" "the" "basis" "of" "a" "preliminary" "reference" "from" "the" "WRC" "," "that" "a" "provision" "of" "national" "law" "is" "incompatible" "with" "Directive" "2000" "/" "78" "." "85" "."


Input: "The" "difficulties" "encountered" "by" "the" "parties" "in" "devising" "a" "concrete" "example" "of" "a" "situation" "where" "the" "rule" "of" "jurisdiction" "would" "compromise" "the" "effectiveness" "of" "the" "preliminary" "ruling" "procedure" "under" "Article" "267" "TFEU" "seem" "to" "have" "a" "rather" "simple" "explanation" ":" "such" "a" "situation" "can" "arise" "only" "if" "the" "WRC" "were" "either" "taken" "to" "have" "jurisdiction" "or" "if" "it" "were" "to" "exceed" "the" "limits" "of" "its" "jurisdiction" "and" "consider" "such" "a" "complaint" "."


Input: "(" "c" ")" "An" "interim" "conclusion" "86" "."


Input: "There" "may" "be" "sound" "reasons" "that" "warrant" "the" "division" "of" "jurisdiction" "in" "a" "specific" "field" "of" "law" "between" "different" "(" "judicial" ")" "bodies" "." "87" "."


Input: "It" "is" "increasingly" "common" "that" "the" "resolution" "of" "conflicts" "arising" "from" "day-to-day" "life" "," "such" "as" "consumer" "disputes" "and" "conflicts" "in" "the" "workplace" "," "are" "‘" "out-sourced" "’" "from" "courts" "to" "specialised" "bodies" "with" "(" "limited" ")" "powers" "to" "mediate" "and" "/" "or" "adjudicate" "expediently" "such" "disputes" "." "(" "26" ")" "It" "is" "equally" "commonplace" "that" "," "as" "is" "the" "case" "of" "adjudication" "officers" "at" "the" "WRC" "," "persons" "resolving" "conflicts" "in" "such" "bodies" "do" "not" "necessarily" "have" "a" "legal" "qualification" "."


Input: "Arguably" "," "such" "bodies" "are" "better" "placed" "than" "courts" "to" "provide" "low-cost" "," "speedy" "and" "effective" "solutions" "to" "conflicts" "of" "that" "kind" "." "88" "."


Input: "Nonetheless" "," "not" "all" "disputes" "," "in" "particular" "those" "raising" "important" "questions" "of" "principle" "with" "broader" "legal" "implications" "," "are" "best" "dealt" "with" "by" "such" "bodies" "." "89" "."


Input: "The" "Court" "has" "consistently" "held" "that" "," "in" "the" "absence" "of" "EU" "rules" "governing" "the" "matter" "," "it" "is" "for" "the" "domestic" "legal" "system" "of" "each" "Member" "State" "to" "designate" "the" "courts" "and" "tribunals" "having" "jurisdiction" "(" "or" "," "as" "the" "case" "may" "be" "," "administrative" "bodies" ")" "and" "to" "lay" "down" "the" "detailed" "procedural" "rules" "governing" "actions" "for" "safeguarding" "rights" "which" "individuals" "derive" "from" "EU" "law" "." "(" "27" ")" "The" "Member" "States" "must" "," "however" "," "ensure" "that" "those" "rights" "are" "effectively" "protected" "in" "each" "case" "." "(" "28" ")" "In" "other" "words" "," "jurisdiction" "in" "a" "specific" "field" "of" "EU" "law" "may" "be" "divided" "between" "different" "bodies" "," "provided" "that" "the" "rights" "in" "question" "are" "adequately" "protected" "." "90" "."


Input: "It" "is" "within" "the" "limits" "of" "their" "respective" "areas" "of" "jurisdiction" "that" "such" "organs" "are" "to" "give" "full" "effect" "to" "EU" "law" "by" "refraining" "," "where" "necessary" "," "from" "applying" "national" "law" "contrary" "to" "EU" "law" "."


Input: "In" "other" "words" "," "an" "organ" "cannot" "," "by" "dint" "of" "the" "primacy" "of" "EU" "law" "," "simply" "ignore" "rules" "of" "jurisdiction" "that" "circumscribe" "its" "substantive" "competence" "in" "a" "particular" "field" "of" "law" "," "as" "defined" "by" "national" "law" "." "91" "."


Input: "I" "therefore" "conclude" "that" "a" "rule" "of" "jurisdiction" "such" "as" "the" "one" "at" "issue" "in" "the" "main" "proceedings" "," "which" "divides" "jurisdiction" "in" "specific" "cases" "between" "a" "statutory" "body" "and" "an" "ordinary" "court" "on" "the" "basis" "of" "the" "complaint" "made" "," "does" "not" "breach" "the" "principle" "of" "the" "primacy" "of" "EU" "law" "and" "falls" "within" "the" "scope" "of" "the" "procedural" "autonomy" "of" "Member" "States" "." "92" "."


Input: "If" "the" "Court" "were" "to" "adhere" "strictly" "to" "the" "wording" "of" "the" "question" "referred" "," "that" "would" "settle" "the" "matter" "."


Input: "That" "is" "because" "," "as" "the" "question" "makes" "clear" "," "the" "referring" "court" "has" "already" "made" "determinations" "concerning" "the" "compatibility" "of" "the" "rule" "of" "jurisdiction" "with" "the" "requirements" "of" "equivalence" "and" "effectiveness" ":" "indeed" "," "the" "question" "referred" "is" "itself" "premised" "on" "the" "finding" "that" "the" "rule" "of" "jurisdiction" "at" "issue" "does" "not" "infringe" "those" "principles" "." "(" "29" ")" "93" "."


Input: "It" "is" "of" "course" "true" "that" "," "in" "the" "final" "analysis" "," "it" "is" "for" "the" "national" "court" "to" "determine" "whether" "the" "impugned" "national" "procedural" "rule" "complies" "with" "the" "principles" "of" "equivalence" "and" "effectiveness" "."


Input: "Nevertheless" "," "given" "the" "attention" "afforded" "to" "those" "principles" "by" "the" "parties" "in" "both" "their" "written" "and" "oral" "submissions" "," "I" "consider" "it" "necessary" "to" "address" "the" "main" "arguments" "put" "forward" "by" "the" "parties" "regarding" "the" "determinations" "made" "by" "the" "referring" "court" "," "in" "particular" "as" "concerns" "the" "principle" "of" "effectiveness" "." "2" "."


Input: "The" "division" "of" "jurisdiction" "between" "the" "WRC" "and" "the" "High" "Court" ":" "compliance" "with" "the" "principles" "of" "equivalence" "and" "effectiveness" "94" "."


Input: "According" "to" "the" "Court" "’" "s" "rich" "case-law" "on" "the" "matter" "," "the" "detailed" "procedural" "rules" "governing" "actions" "for" "safeguarding" "an" "individual" "’" "s" "rights" "under" "EU" "law" "must" "be" "no" "less" "favourable" "than" "those" "governing" "similar" "domestic" "actions" "(" "principle" "of" "equivalence" ")" "and" "must" "not" "render" "practically" "impossible" "or" "excessively" "difficult" "the" "exercise" "of" "rights" "conferred" "by" "EU" "law" "(" "principle" "of" "effectiveness" ")" "." "(" "30" ")" "(" "a" ")" "Equivalence" ":" "the" "search" "for" "the" "correct" "comparator" "95" "."


Input: "In" "its" "judgment" "of" "15" "June" "2017" "," "the" "referring" "court" "considered" "that" "the" "rule" "of" "jurisdiction" "satisfies" "the" "requirements" "of" "the" "principle" "of" "equivalence" "because" "exactly" "the" "same" "regime" "would" "apply" "irrespective" "of" "whether" "the" "legal" "norm" "on" "the" "basis" "of" "which" "proceedings" "were" "brought" "derived" "from" "national" "law" "or" "EU" "law" "."


Input: "In" "other" "words" "," "the" "rule" "of" "jurisdiction" "at" "issue" "would" "also" "apply" "," "and" "confer" "jurisdiction" "on" "the" "High" "Court" "," "in" "an" "action" "based" "on" "purely" "national" "law" "." "(" "31" ")" "96" "."


Input: "I" "find" "no" "fault" "in" "that" "assessment" "." "97" "."


Input: "Specifically" "," "the" "Court" "’" "s" "case-law" "requires" "that" "the" "national" "rule" "at" "issue" "must" "be" "applied" "without" "distinction" "," "that" "is" "," "in" "the" "same" "way" "irrespective" "of" "whether" "the" "action" "is" "based" "on" "rights" "which" "individuals" "derive" "from" "EU" "law" "or" "is" "based" "on" "an" "infringement" "of" "national" "law" "," "where" "the" "purpose" "and" "cause" "of" "action" "are" "similar" "." "(" "32" ")" "In" "other" "words" "," "the" "assessment" "of" "equivalence" "proceeds" "in" "two" "steps" "."


Input: "First" "," "the" "correct" "comparator" "must" "be" "identified" "."


Input: "Second" "," "it" "must" "be" "assessed" "whether" "the" "action" "based" "on" "EU" "law" "is" "treated" "less" "favourably" "than" "the" "comparable" "action" "based" "on" "national" "law" "." "98" "."


Input: "The" "first" "and" "third" "notice" "parties" "have" "suggested" "in" "this" "regard" "that" "the" "referring" "court" "has" "not" "chosen" "the" "most" "appropriate" "comparator" "."


Input: "In" "their" "submission" "," "a" "more" "appropriate" "comparator" "could" "be" "found" "in" "a" "complaint" "of" "discrimination" "based" "on" "a" "ground" "falling" "outside" "the" "scope" "of" "Directive" "2000" "/" "78" "," "or" "which" "does" "not" "involve" "the" "disapplication" "of" "national" "law" "." "99" "."


Input: "In" "that" "regard" "," "it" "should" "first" "of" "all" "be" "recalled" "that" "it" "is" "for" "the" "referring" "court" "," "which" "has" "direct" "knowledge" "of" "the" "detailed" "procedural" "rules" "applicable" "," "to" "ascertain" "whether" "the" "actions" "concerned" "are" "similar" "as" "regards" "their" "purpose" "," "cause" "of" "action" "and" "essential" "characteristics" "." "(" "33" ")" "It" "seems" "to" "me" "," "therefore" "," "that" "the" "Court" "may" "only" "exceptionally" "," "where" "that" "assessment" "proves" "to" "be" "manifestly" "flawed" "," "call" "into" "question" "a" "finding" "made" "by" "the" "referring" "court" "regarding" "the" "principle" "of" "equivalence" "." "100" "."


Input: "There" "is" "no" "need" "for" "such" "a" "drastic" "measure" "here" "."


Input: "On" "the" "contrary" "," "it" "seems" "to" "me" "that" "the" "referring" "court" "has" "chosen" "the" "only" "reasonable" "comparator" "." "101" "."


Input: "As" "the" "Court" "has" "consistently" "held" "," "the" "principle" "of" "equivalence" "does" "not" "require" "Member" "States" "to" "extend" "their" "most" "favourable" "rules" "to" "all" "actions" "brought" "in" "a" "certain" "field" "of" "law" "." "(" "34" ")" "102" "."


Input: "As" "far" "as" "can" "be" "understood" "from" "their" "written" "submissions" "," "the" "first" "and" "third" "notice" "parties" "suggest" "that" "all" "employment" "equality" "claims" "should" "be" "seen" "as" "comparable" "to" "each" "other" "," "in" "essence" "because" "the" "proceedings" "before" "the" "WRC" "are" "less" "cumbersome" "and" "involve" "no" "financial" "risk" "for" "the" "complainant" "." "103" "."


Input: "If" "that" "approach" "were" "adopted" "," "it" "would" "in" "practice" "render" "the" "test" "of" "equivalence" "devoid" "of" "any" "real" "purpose" "."


Input: "It" "would" "entail" "comparing" "the" "incomparable" "."


Input: "As" "this" "case" "aptly" "illustrates" "," "not" "all" "cases" "concerning" "a" "specific" "field" "of" "law" "are" "comparable" ":" "complaints" "of" "discrimination" "in" "the" "context" "of" "employment" "may" "differ" "in" "their" "purpose" "," "cause" "of" "action" "and" "essential" "characteristics" "depending" "on" "the" "source" "of" "discrimination" "."


Input: "Redress" "can" "be" "sought" "before" "the" "WRC" "where" "discrimination" "stems" "from" "a" "practice" "(" "typically" "a" "decision" "taken" "by" "an" "employer" ")" "in" "the" "context" "of" "employment" "." "(" "35" ")" "By" "contrast" "," "an" "action" "involving" "a" "challenge" "to" "the" "validity" "of" "legislation" "or" "requiring" "the" "disapplication" "of" "legislation" "is" "fundamentally" "about" "the" "lawfulness" "of" "a" "legislative" "instrument" "having" "the" "authority" "of" "law" "."


Input: "That" "is" "in" "my" "view" "a" "crucial" "difference" "and" "should" "not" "be" "overlooked" "."


Input: "The" "differences" "between" "the" "procedural" "rules" "applicable" "to" "actions" "brought" "before" "the" "WRC" "," "on" "the" "one" "hand" "," "and" "before" "the" "High" "Court" "," "on" "the" "other" "," "are" "explained" "precisely" "by" "the" "inherent" "difference" "in" "the" "types" "of" "action" "which" "those" "bodies" "have" "jurisdiction" "to" "consider" "." "(" "36" ")" "104" "."


Input: "In" "other" "words" "," "the" "most" "appropriate" "comparator" "," "as" "established" "by" "the" "referring" "court" "," "must" "be" "an" "action" "brought" "before" "the" "High" "Court" "on" "the" "basis" "of" "purely" "national" "law" "."


Input: "(" "b" ")" "Effectiveness" ":" "the" "need" "to" "bring" "several" "actions" "to" "assert" "rights" "deriving" "from" "EU" "law" "105" "."


Input: "According" "to" "settled" "case-law" "," "an" "assessment" "of" "effectiveness" "must" "take" "into" "account" "the" "role" "of" "the" "provision" "in" "the" "procedure" "," "its" "progress" "and" "its" "special" "features" "," "viewed" "as" "a" "whole" "," "before" "the" "various" "national" "instances" "." "(" "37" ")" "106" "."


Input: "In" "its" "judgment" "of" "15" "June" "2017" "," "the" "referring" "court" "examined" "inter" "alia" "the" "powers" "of" "the" "High" "Court" "to" "obtain" "evidence" "," "the" "costs" "regime" "," "the" "adversarial" "nature" "of" "proceedings" "before" "that" "court" "," "and" "the" "power" "of" "the" "High" "Court" "to" "provide" "any" "remedy" "required" "to" "vindicate" "rights" "guaranteed" "by" "EU" "law" "."


Input: "After" "examining" "those" "features" "of" "the" "procedure" "before" "the" "High" "Court" "," "the" "referring" "court" "came" "to" "the" "conclusion" "that" "the" "rule" "of" "jurisdiction" "satisfied" "the" "requirements" "of" "effectiveness" "." "(" "38" ")" "107" "."


Input: "The" "referring" "court" "did" "not" "," "however" "," "expressly" "examine" "the" "procedural" "disadvantages" "that" "may" "arise" "from" "the" "need" "to" "split" "a" "complaint" "between" "two" "bodies" "," "an" "issue" "dealt" "with" "by" "the" "Court" "in" "Impact" "." "(" "39" ")" "That" "judgment" "was" "discussed" "at" "length" "at" "the" "hearing" "."


Input: "It" "seems" "to" "me" "therefore" "useful" "to" "provide" "some" "remarks" "on" "that" "issue" "." "108" "."


Input: "Impact" "concerned" "a" "procedural" "rule" "which" "forced" "claimants" "to" "bring" "multiple" "actions" "in" "order" "to" "assert" "rights" "under" "Directive" "1999" "/" "70" "." "(" "40" ")" "More" "specifically" "," "Irish" "law" "provided" "that" "claims" "regarding" "fixed-term" "work" "based" "on" "the" "legislation" "transposing" "the" "directive" "could" "be" "presented" "to" "the" "Rights" "Commissioner" "(" "a" "specialised" "court" ")" "," "whereas" "claims" "based" "directly" "on" "the" "directive" "(" "that" "is" "," "claims" "which" "had" "arisen" "after" "the" "deadline" "for" "transposition" "but" "before" "Ireland" "had" "fulfilled" "its" "obligations" ")" "were" "to" "be" "initiated" "in" "the" "High" "Court" "." "109" "."


Input: "In" "its" "judgment" "," "the" "Court" "found" "at" "the" "outset" "that" "a" "claim" "based" "on" "infringement" "of" "the" "measure" "transposing" "the" "directive" "and" "a" "claim" "based" "directly" "on" "the" "directive" "are" "covered" "by" "the" "same" "form" "of" "action" "." "(" "41" ")" "Notwithstanding" "formal" "distinctions" "as" "to" "their" "legal" "basis" "," "both" "claims" "," "sought" "," "in" "other" "words" "," "the" "protection" "of" "the" "same" "rights" "deriving" "from" "EU" "law" "." "(" "42" ")" "110" "."


Input: "The" "Court" "then" "considered" "that" "," "in" "circumstances" "where" "the" "Irish" "legislature" "had" "chosen" "to" "confer" "on" "a" "specialised" "court" "jurisdiction" "(" "albeit" "optional" ")" "to" "hear" "and" "determine" "actions" "based" "on" "the" "legislation" "transposing" "Directive" "1999" "/" "70" "," "it" "would" "be" "contrary" "to" "the" "principle" "of" "effectiveness" "to" "require" "claimants" "to" "bring" "," "at" "the" "same" "time" "," "a" "separate" "action" "before" "an" "ordinary" "court" "to" "assert" "the" "rights" "which" "they" "can" "derive" "directly" "from" "that" "directive" "."


Input: "That" "was" "in" "particular" "so" "if" "such" "an" "obligation" "was" "found" "by" "the" "national" "court" "to" "result" "in" "procedural" "disadvantages" "for" "the" "individuals" "concerned" "," "in" "terms" "of" "," "inter" "alia" "," "cost" "," "duration" "and" "the" "rules" "of" "representation" "," "such" "as" "to" "render" "excessively" "difficult" "the" "exercise" "of" "rights" "deriving" "from" "the" "relevant" "directive" "." "(" "43" ")" "111" "."


Input: "The" "Court" "’" "s" "judgment" "in" "essence" "confirms" "and" "elaborates" "on" "a" "well-established" "line" "of" "case-law" "pertaining" "to" "the" "application" "of" "the" "principle" "of" "effectiveness" "."


Input: "The" "Court" "took" "issue" "with" "the" "procedural" "disadvantages" "of" "having" "to" "bring" "different" "actions" "in" "a" "situation" "where" "the" "legislature" "had" "given" "jurisdiction" "to" "a" "specialised" "court" "to" "consider" "a" "claim" "based" "on" "the" "national" "legislation" "transposing" "the" "directive" "," "but" "where" "that" "body" "could" "not" "also" "deal" "with" "a" "claim" "based" "on" "the" "directive" "." "112" "."


Input: "It" "is" "important" "to" "read" "the" "Court" "’" "s" "statement" "in" "its" "proper" "context" "."


Input: "The" "statement" "regarding" "procedural" "disadvantages" "was" "made" "in" "the" "specific" "context" "of" "an" "obligation" "to" "bring" "multiple" "actions" "to" "assert" "," "in" "essence" "," "the" "same" "rights" "arising" "from" "EU" "law" "(" "but" "regarding" "different" "periods" "of" "time" ")" "."


Input: "Bearing" "that" "specific" "aspect" "of" "Impact" "in" "mind" "," "it" "would" "in" "my" "view" "be" "incorrect" "to" "read" "the" "Court" "’" "s" "dictum" "as" "to" "the" "principle" "of" "effectiveness" "as" "impugning" "," "in" "a" "general" "manner" "," "any" "rule" "of" "jurisdiction" "in" "a" "specific" "field" "of" "law" "which" "divides" "jurisdiction" "between" "different" "instances" "in" "which" "the" "procedural" "rules" "are" "not" "equally" "favourable" "to" "claimants" "." "113" "."


Input: "Indeed" "," "it" "should" "not" "be" "forgotten" "that" "the" "Court" "’" "s" "case-law" "requires" "that" "national" "procedural" "rules" "do" "not" "render" "the" "exercise" "of" "rights" "deriving" "from" "EU" "law" "excessively" "difficult" "."


Input: "It" "does" "not" "require" "that" "all" "cases" "in" "a" "specific" "field" "of" "law" "should" "be" "dealt" "with" "in" "the" "same" "way" "," "by" "one" "court" "or" "body" "," "in" "accordance" "with" "the" "rules" "that" "are" "procedurally" "most" "favourable" "for" "the" "claimant" "." "(" "44" ")" "114" "."


Input: "Unlike" "in" "the" "circumstances" "underlying" "Impact" "," "the" "WRC" "has" "not" "been" "given" "(" "optional" ")" "jurisdiction" "by" "the" "Irish" "legislature" "to" "hear" "cases" "ordinarily" "falling" "within" "the" "jurisdiction" "of" "the" "High" "Court" "."


Input: "There" "is" "instead" "a" "clear" "division" "of" "jurisdiction" "between" "the" "WRC" "and" "the" "High" "Court" "." "115" "."


Input: "It" "can" "be" "seen" "from" "the" "order" "for" "reference" "that" "the" "case" "pending" "before" "the" "referring" "court" "concerns" "a" "complaint" "regarding" "discrimination" "inherent" "in" "the" "age" "restriction" "measure" "," "a" "piece" "of" "secondary" "legislation" "."


Input: "No" "complaint" "of" "discrimination" "falling" "within" "the" "jurisdiction" "of" "the" "WRC" "has" "been" "made" "in" "the" "proceedings" "before" "the" "referring" "court" "."


Input: "In" "such" "a" "case" "," "the" "division" "of" "jurisdiction" "between" "the" "WRC" "and" "the" "High" "Court" "does" "not" "in" "my" "view" "give" "rise" "to" "criticism" ":" "there" "is" "no" "other" "avenue" "available" "for" "the" "complainants" "than" "the" "High" "Court" "."


Input: "It" "seems" "to" "me" "that" "," "if" "anything" "," "the" "division" "of" "jurisdiction" "ensures" "efficient" "resolution" "of" "cases" "requiring" "disapplication" "of" "national" "law" "," "given" "that" "the" "complainants" "do" "not" "in" "such" "cases" "first" "have" "to" "go" "to" "the" "WRC" "." "116" "."


Input: "Undoubtedly" "," "the" "absence" "of" "an" "alternative" "avenue" "for" "complainants" "who" "consider" "themselves" "wronged" "by" "a" "legislative" "instrument" "explains" "why" "the" "referring" "court" "has" "not" "examined" "the" "rule" "of" "jurisdiction" "in" "the" "light" "of" "the" "Court" "’" "s" "judgment" "in" "Impact" "." "117" "."


Input: "Nonetheless" "," "it" "does" "not" "seem" "impossible" "to" "envisage" "a" "situation" "in" "which" "a" "complainant" "brings" "a" "case" "alleging" "that" "he" "has" "been" "discriminated" "against" "(" "contrary" "to" "Directive" "2000" "/" "78" ")" "not" "only" "on" "the" "basis" "ofa" "legislative" "measure" "but" "also" "on" "the" "basis" "of" "an" "employer" "’" "s" "practice" "."


Input: "If" "," "in" "such" "a" "situation" "," "the" "WRC" "retains" "jurisdiction" "to" "hear" "some" "part" "of" "such" "a" "complaint" "," "it" "seems" "to" "me" "that" "the" "statement" "of" "the" "Court" "in" "Impact" "must" "apply" "in" "full" "."


Input: "If" "," "instead" "," "the" "High" "Court" "’" "s" "jurisdiction" "trumps" "that" "of" "the" "WRC" "," "meaning" "that" "the" "latter" "has" "no" "jurisdiction" "at" "all" "(" "and" "that" "the" "High" "Court" "is" "taken" "to" "have" "exclusive" "jurisdiction" "to" "deal" "with" "the" "entire" "complaint" ")" "," "the" "statement" "of" "the" "Court" "does" "not" "appear" "relevant" "." "118" "."


Input: "That" "assessment" "is" "," "however" "," "not" "for" "this" "Court" "to" "undertake" ":" "determining" "the" "correct" "interpretation" "of" "the" "relevant" "national" "rules" "regarding" "the" "division" "of" "jurisdiction" "between" "the" "WRC" "and" "the" "High" "Court" "in" "such" "a" "context" "is" "a" "matter" "for" "the" "referring" "court" "." "119" "."


Input: "On" "that" "basis" "I" "conclude" "that" "a" "rule" "of" "jurisdiction" "such" "as" "the" "one" "at" "issue" "in" "the" "main" "proceedings" "," "which" "divides" "jurisdiction" "in" "specific" "cases" "between" "a" "statutory" "body" "and" "an" "ordinary" "court" "(" "established" "under" "the" "Constitution" ")" "on" "the" "basis" "of" "the" "nature" "of" "the" "complaint" "made" "," "is" "not" "precluded" "by" "EU" "law" "," "provided" "that" "no" "concurrent" "jurisdiction" "may" "arise" "within" "the" "same" "complaint" "."


Input: "IV" "."


Input: "Conclusion" "120" "."


Input: "In" "the" "light" "of" "the" "foregoing" "considerations" "," "I" "propose" "that" "the" "Court" "answer" "the" "question" "referred" "by" "the" "Supreme" "Court" "(" "Ireland" ")" "as" "follows" ":" "A" "rule" "of" "jurisdiction" "such" "as" "the" "one" "at" "issue" "in" "the" "main" "proceedings" "," "which" "divides" "jurisdiction" "in" "specific" "cases" "between" "a" "statutory" "body" "and" "an" "ordinary" "court" "on" "the" "basis" "of" "the" "nature" "of" "the" "complaint" "made" "," "is" "not" "precluded" "by" "EU" "law" "," "provided" "that" "no" "concurrent" "jurisdiction" "may" "arise" "within" "the" "same" "complaint" "." "1" "Original" "language" ":" "English" "." "2" "Council" "Directive" "of" "27" "November" "2000" "establishing" "a" "general" "framework" "for" "equal" "treatment" "in" "employment" "and" "occupation" "(" "OJ" "2000" "L" "303" "," "p" "." "16" ")" "." "3" "Judgment" "of" "9" "March" "1978" "," "Simmenthal" "," "106" "/" "77" "," "EU" ":" "C" ":" "1978" ":" "49" "." "4" "In" "the" "case" "pending" "before" "the" "referring" "court" "," "the" "relevant" "acts" "are" "the" "Employment" "Equality" "Acts" "1998" "to" "2004" "and" "," "where" "relevant" "," "subsequent" "amending" "legislation" "." "5" "As" "a" "result" "of" "the" "Workplace" "Relations" "Act" "2015" "," "the" "relevant" "functions" "of" "the" "Equality" "Tribunal" "have" "now" "been" "transferred" "to" "the" "WRC" "." "6" "The" "Garda" "Síochána" "(" "Admissions" "and" "Appointments" ")" "(" "Amendment" ")" "Regulations" "," "2004" "(" "S.I" "."


Input: "No" "." "749" "of" "2004" ")" "." "7" "In" "fact" "," "in" "addition" "to" "the" "order" "for" "reference" "of" "15" "June" "2017" "," "the" "referring" "court" "also" "delivered" "a" "separate" "judgment" "on" "that" "date" "(" "Minister" "for" "Justice" "," "Equality" "and" "Law" "Reform" "and" "Others" "v" "The" "Workplace" "Relations" "Commission" "," "[" "2017" "]" "IESC" "43" ")" "dealing" "with" "the" "question" "of" "jurisdiction" "of" "the" "WRC" "from" "the" "perspective" "of" "national" "law" "."


Input: "In" "that" "judgment" "," "the" "referring" "court" "also" "dealt" "with" "certain" "issues" "of" "EU" "law" "."


Input: "It" "considered" "," "in" "particular" "," "whether" "the" "division" "of" "jurisdiction" "between" "the" "WRC" "and" "the" "High" "Court" "complied" "with" "the" "principles" "of" "equivalence" "and" "effectiveness" "." "8" "See" "," "inter" "alia" "," "judgment" "of" "6" "September" "2016" "," "Petruhhin" "," "C" "‑" "182" "/" "15" "," "EU" ":" "C" ":" "2016" ":" "630" "," "paragraph" "20" "and" "the" "case-law" "cited" "." "9" "Gender" "discrimination" "constitutes" "an" "exception" "to" "this" "rule" ":" "in" "cases" "regarding" "gender" "discrimination" "," "the" "complainant" "can" "choose" "to" "go" "directly" "to" "the" "Circuit" "Court" "." "10" "See" "https" ":" "/" "/" "www.workplacerelations.ie" "/" "en" "/" "Complaints_Disputes" "/" "Adjudication" "/" "(" "accessed" "on" "5" "July" "2018" ")" "." "11" "The" "judgment" "of" "15" "June" "2017" "," "paragraphs" "5.3" "." "and" "5.6" "." "12" "See" "," "in" "particular" "," "judgments" "of" "22" "October" "1998" "," "IN" "."


Input: "CO" "."


Input: "GE" "." "'" "90" "and" "Others" "," "C" "‑" "10" "/" "97" "to" "C" "‑" "22" "/" "97" "," "EU" ":" "C" ":" "1998" ":" "498" "," "paragraph" "21" "."


Input: "See" "also" "Opinion" "of" "Advocate" "General" "Ruiz-Jarabo" "Colomer" "in" "Joined" "Cases" "IN" "."

"O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "B-PERSON" "I-PERSON" "I-PERSON" "I-PERSON" "O" "O" "O" "O" "O"


Input: "CO" "."


Input: "GE" "." "'" "90" "and" "Others" "," "C" "‑" "10" "/" "97" "to" "C" "‑" "22" "/" "97" "," "EU" ":" "C" ":" "1998" ":" "228" "," "points" "16" "to" "44" "." "13" "Judgment" "of" "9" "March" "1978" "," "Simmenthal" "," "106" "/" "77" "," "EU" ":" "C" ":" "1978" ":" "49" "." "14" "Judgment" "of" "5" "February" "1963" "," "van" "Gend" "&" "Loosvan" "Gend" "&" "Loosvan" "Gend" "&" "Loos" "," "26" "/" "62" "," "EU" ":" "C" ":" "1963" ":" "1" "." "15" "Judgment" "of" "9" "March" "1978" "," "Simmenthal" "," "106" "/" "77" "," "EU" ":" "C" ":" "1978" ":" "49" "," "paragraphs" "21" "to" "24" "." "16" "That" "case-law" "has" "been" "reaffirmed" "by" "the" "Court" "in" "a" "multitude" "of" "cases" "."

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "See" "," "among" "many" "," "judgments" "of" "19" "June" "1990" "," "Factortame" "and" "Others" "," "C" "‑" "213" "/" "89" "," "EU" ":" "C" ":" "1990" ":" "257" "," "paragraphs" "20" "and" "21" ";" "of" "4" "June" "1992" "," "Debus" "," "C" "‑" "13" "/" "91" "and" "C" "‑" "113" "/" "91" "," "EU" ":" "C" ":" "1992" ":" "247" "," "paragraph" "32" ";" "of" "2" "August" "1993" "," "Levy" "," "C" "‑" "158" "/" "91" "," "EU" ":" "C" ":" "1993" ":" "332" "," "paragraph" "9" ";" "and" "of" "5" "March" "1998" "," "Solred" "," "C" "‑" "347" "/" "96" "," "EU" ":" "C" ":" "1998" ":" "87" "," "paragraph" "30" "." "17" "Judgment" "of" "22" "June" "1989" "," "Costanzo" "," "103" "/" "88" "," "EU" ":" "C" ":" "1989" ":" "256" "." "18" "Idem" "," "paragraphs" "31" "to" "33" "." "19" "Judgment" "of" "9" "September" "2003" "," "CIF" "," "C" "‑" "198" "/" "01" "," "EU" ":" "C" ":" "2003" ":" "430" "." "20" "Idem" "," "paragraph" "49" "." "21" "Idem" "," "paragraph" "50" "." "22" "Judgments" "of" "9" "March" "1978" "," "Simmenthal" "," "106" "/" "77" "," "EU" ":" "C" ":" "1978" ":" "49" "," "paragraph" "21" "," "and" "of" "19" "June" "1990" "," "Factortame" "and" "Others" "," "C" "‑" "213" "/" "89" "," "EU" ":" "C" ":" "1990" ":" "257" "," "paragraph" "20" "."


Input: "See" "also" "judgment" "of" "10" "April" "1984" "," "von" "Colson" "and" "Kamannvon" "Colson" "and" "Kamann" "," "14" "/" "83" "," "EU" ":" "C" ":" "1984" ":" "153" "," "paragraph" "26" "." "23" "Judgments" "of" "9" "March" "1978" "," "Simmenthal" "," "106" "/" "77" "," "EU" ":" "C" ":" "1978" ":" "49" "," "paragraph" "21" "," "and" "of" "22" "June" "1989" "," "Costanzo" "," "103" "/" "88" "," "EU" ":" "C" ":" "1989" ":" "256" "," "paragraphs" "31" "to" "33" "." "24" "See" "," "ex" "multis" "," "judgments" "of" "16" "December" "1976" "," "Rewe-Zentralfinanz" "and" "Rewe-ZentralRewe-Zentralfinanz" "and" "Rewe-ZentralRewe-Zentralfinanz" "and" "Rewe-Zentral" "," "33" "/" "76" "," "EU" ":" "C" ":" "1976" ":" "188" "," "paragraph" "5" ";" "of" "16" "December" "1976" "," "Comet" "," "45" "/" "76" "," "EU" ":" "C" ":" "1976" ":" "191" "," "paragraphs" "13" "to" "16" ";" "of" "14" "December" "1995" "," "Peterbroeck" "," "C" "‑" "312" "/" "93" "," "EU" ":" "C" ":" "1995" ":" "437" "," "paragraph" "12" "and" "the" "case-law" "cited" ";" "of" "13" "March" "2007" "," "Unibet" "," "C" "‑" "432" "/" "05" "," "EU" ":" "C" ":" "2007" ":" "163" "," "paragraph" "39" "and" "the" "case-law" "cited" ";" "and" "of" "7" "June" "2007" "," "van" "der" "Weerd" "and" "Othersvan" "der" "Weerd" "and" "Othersvan" "der" "Weerd" "and" "Others" "," "C" "‑" "222" "/" "05" "to" "C" "‑" "225" "/" "05" "," "EU" ":" "C" ":" "2007" ":" "318" "," "paragraph" "28" "and" "the" "case-law" "cited" "." "25" "In" "a" "case" "falling" "within" "its" "jurisdiction" "," "the" "Equality" "Tribunal" "has" "referred" "to" "the" "Court" "a" "case" "for" "a" "preliminary" "ruling" "."

"O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "See" "judgment" "of" "18" "March" "2014" "," "Z" "." "," "C" "‑" "363" "/" "12" "," "EU" ":" "C" ":" "2014" ":" "159" "." "26" "These" "procedures" "fall" "under" "the" "broad" "umbrella-term" "of" "‘" "alternative" "dispute" "resolution" "’" "or" "‘" "ADR" "’" ")" "." "27" "See" "," "for" "example" "," "the" "case-law" "referred" "to" "in" "footnote" "24" "above" "and" "judgments" "of" "15" "April" "2008" "," "Impact" "," "C" "‑" "268" "/" "06" "," "EU" ":" "C" ":" "2008" ":" "223" "," "paragraph" "44" "," "and" "of" "8" "September" "2009" "," "Budějovický" "BudvarBudějovický" "Budvar" "," "C" "‑" "478" "/" "07" "," "EU" ":" "C" ":" "2009" ":" "521" "," "paragraph" "88" "and" "the" "case-law" "cited" "." "28" "See" "," "for" "example" "," "judgments" "of" "9" "July" "1985" "," "Bozzetti" "," "179" "/" "84" "," "EU" ":" "C" ":" "1985" ":" "306" "," "paragraph" "17" ";" "of" "18" "January" "1996" "," "SEIM" "," "C" "‑" "446" "/" "93" "," "EU" ":" "C" ":" "1996" ":" "10" "," "paragraph" "32" ";" "and" "of" "17" "September" "1997" "," "Dorsch" "ConsultDorsch" "Consult" "," "C" "‑" "54" "/" "96" "," "EU" ":" "C" ":" "1997" ":" "413" "," "paragraph" "40" "." "29" "In" "the" "question" "referred" "for" "a" "preliminary" "ruling" "," "it" "is" "stated" "somewhat" "ambiguously" "that" "the" "‘" "remedy" "provided" "in" "the" "courts" "’" "has" "been" "assessed" "as" "complying" "with" "the" "requirements" "of" "equivalence" "and" "effectiveness" "."


Input: "Nevertheless" "," "in" "the" "light" "of" "the" "judgment" "of" "15" "June" "2017" "," "it" "can" "be" "understood" "that" "the" "referring" "court" "has" "determined" "that" "the" "procedure" "before" "the" "High" "Court" "available" "for" "complainants" "," "in" "the" "event" "that" "their" "case" "falls" "outside" "the" "jurisdiction" "of" "the" "WRC" "," "complies" "with" "those" "principles" "." "30" "See" "," "inter" "alia" "," "the" "case-law" "referred" "to" "in" "footnote" "27" "above" "." "31" "Judgment" "of" "15" "June" "2017" "," "paragraph" "7.1" "." "32" "Judgment" "of" "27" "June" "2013" "," "Agrokonsulting" "-" "04" "," "C" "‑" "93" "/" "12" "," "EU" ":" "C" ":" "2013" ":" "432" "," "paragraph" "39" "and" "the" "case-law" "cited" "." "33" "See" "," "for" "example" "," "judgments" "of" "29" "October" "2009" "," "Pontin" "," "C" "‑" "63" "/" "08" "," "EU" ":" "C" ":" "2009" ":" "666" "," "paragraph" "45" "and" "the" "case-law" "cited" "," "and" "of" "12" "February" "2015" "," "Baczó" "and" "VizsnyiczaiBaczó" "and" "VizsnyiczaiBaczó" "and" "Vizsnyiczai" "," "C" "‑" "567" "/" "13" "," "EU" ":" "C" ":" "2015" ":" "88" "," "paragraph" "44" "and" "the" "case-law" "cited" "." "34" "Judgment" "of" "26" "January" "2010" "," "Transportes" "Urbanos" "y" "Servicios" "Generales" "," "C" "‑" "118" "/" "08" "," "EU" ":" "C" ":" "2010" ":" "39" "," "paragraph" "34" "and" "the" "case-law" "cited" "."

"O" "O" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "B-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "B-PERSON" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "B-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "B-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "In" "any" "event" "," "the" "question" "of" "what" "constitutes" "an" "‘" "unfavourable" "’" "procedural" "rule" "is" "," "in" "the" "final" "analysis" "," "a" "question" "of" "perspective" "."


Input: "See" "," "in" "that" "regard" "," "judgment" "of" "12" "February" "2015" "," "Baczó" "and" "VizsnyiczaiBaczó" "and" "VizsnyiczaiBaczó" "and" "Vizsnyiczai" "," "C" "‑" "567" "/" "13" "," "EU" ":" "C" ":" "2015" ":" "88" "," "paragraphs" "46" "and" "47" "regarding" "the" "question" "of" "whether" "," "on" "the" "one" "hand" "," "the" "designation" "of" "hierarchically" "superior" "courts" "to" "deal" "with" "certain" "types" "of" "case" "and" "," "on" "the" "other" "hand" "," "the" "different" "cost" "regimes" "applicable" "in" "the" "procedures" "compared" "could" "be" "regarded" "as" "‘" "unfavourable" "’" "." "35" "It" "is" "my" "understanding" "that" "these" "would" "typically" "involve" "," "for" "example" "," "a" "refusal" "to" "promote" "an" "employee" "due" "to" "one" "of" "the" "protected" "grounds" "of" "discrimination" "," "a" "refusal" "to" "give" "a" "raise" "to" "an" "employee" "on" "a" "discriminatory" "basis" "or" "a" "refusal" "to" "accommodate" "the" "disability" "of" "an" "employee" "in" "the" "work-place" "and" "the" "tasks" "which" "that" "employee" "is" "required" "to" "perform" "." "36" "It" "can" "be" "seen" "from" "the" "case-file" "that" "the" "procedure" "before" "the" "WRC" "is" "inquisitorial" "," "whereas" "the" "procedure" "before" "the" "High" "Court" "is" "adversarial" "."


Input: "Moreover" "," "the" "cost" "regimes" "are" "different" ":" "before" "the" "High" "Court" "," "a" "complainant" "runs" "the" "risk" "of" "having" "costs" "awarded" "against" "him" "," "while" "that" "is" "not" "the" "case" "before" "the" "WRC" "."


Input: "That" "is" "because" "parties" "may" "be" "legally" "represented" "but" "the" "adjudication" "officer" "has" "no" "power" "to" "award" "costs" "."


Input: "Moreover" "," "adjudication" "officers" "have" "only" "limited" "powers" "to" "compel" "the" "attendance" "of" "witnesses" "and" "the" "production" "of" "documents" "and" "evidence" "is" "not" "given" "under" "oath" "."


Input: "What" "is" "more" "," "because" "only" "limited" "adjudicative" "powers" "have" "been" "conferred" "on" "the" "WRC" "by" "statute" "," "an" "adjudication" "officer" "cannot" "join" "a" "party" "who" "is" "not" "named" "in" "the" "proceedings" "." "37" "See" "," "inter" "alia" "," "judgments" "of" "14" "December" "1995" "," "Peterbroeck" "," "C" "‑" "312" "/" "93" "," "EU" ":" "C" ":" "1995" ":" "437" "," "paragraph" "14" ";" "of" "13" "March" "2007" "," "Unibet" "," "C" "‑" "432" "/" "05" "," "EU" ":" "C" ":" "2007" ":" "163" "," "paragraph" "54" ";" "and" "of" "8" "September" "2011" "," "Rosado" "Santana" "," "C" "‑" "177" "/" "10" "," "EU" ":" "C" ":" "2011" ":" "557" "," "paragraph" "92" "and" "the" "case-law" "cited" "." "38" "Judgment" "of" "15" "June" "2017" "," "paragraphs" "7.2" "to" "7.16" "." "39" "Judgment" "of" "15" "April" "2008" "," "Impact" "," "C" "‑" "268" "/" "06" "," "EU" ":" "C" ":" "2008" ":" "223" "," "paragraph" "51" "." "40" "Council" "Directive" "1999" "/" "70" "/" "EC" "of" "28" "June" "1999" "concerning" "the" "framework" "agreement" "on" "fixed-term" "work" "concluded" "by" "ETUC" "," "UNICE" "and" "CEEP" "(" "OJ" "1999" "L" "175" "," "p" "." "43" ")" "." "41" "Judgment" "of" "15" "April" "2008" "," "Impact" "," "C" "‑" "268" "/" "06" "," "EU" ":" "C" ":" "2008" ":" "223" "," "paragraph" "50" "." "42" "Opinion" "of" "Advocate" "General" "Kokott" "in" "Impact" "," "C" "‑" "268" "/" "06" "," "EU" ":" "C" ":" "2008" ":" "2" "," "point" "58" "." "43" "Judgment" "of" "15" "April" "2008" "," "Impact" "," "C" "‑" "268" "/" "06" "," "EU" ":" "C" ":" "2008" ":" "223" "," "paragraph" "51" "." "44" "See" "," "to" "that" "effect" "," "judgment" "of" "12" "February" "2015" "," "Baczó" "and" "VizsnyiczaiBaczó" "and" "VizsnyiczaiBaczó" "and" "Vizsnyiczai" "," "C" "‑" "567" "/" "13" "," "EU" ":" "C" ":" "2015" ":" "88" "," "paragraphs" "51" "and" "52" "and" "the" "case-law" "cited" "."


Input: "OPINION" "OF" "ADVOCATE" "GENERAL" "SHARPSTON" "delivered" "on" "11" "September" "2018" "(" "1" ")" "Case" "C" "‑" "457" "/" "17" "Heiko" "Jonny" "Maniero" "Studienstiftung" "des" "deutschen" "Volkes" "eV" "(" "Request" "for" "a" "preliminary" "ruling" "from" "the" "Bundesgerichtshof" "(" "Federal" "Court" "of" "Justice" "," "Germany" ")" ")" "(" "Directive" "2000" "/" "43" "/" "EC" "—" "Equal" "treatment" "of" "persons" "irrespective" "of" "racial" "or" "ethnic" "origin" "—" "Article" "3" "(" "1" ")" "(" "g" ")" "—" "Education" "—" "Scholarships" "awarded" "to" "students" "having" "passed" "the" "First" "State" "Law" "Examination" ")" "1" "."

"O" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "B-PERSON" "I-PERSON" "I-PERSON" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-PERSON" "I-PERSON" "I-PERSON" "B-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "B-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "‘" "Nobody" "would" "dispute" "that" "the" "education" "of" "the" "young" "requires" "the" "special" "attention" "of" "the" "legislator" "." "." "." "but" "consideration" "must" "be" "given" "to" "the" "question" "," "what" "constitutes" "education" "…" "’" "(" "2" ")" "2" "."


Input: "The" "European" "legislature" "has" "indeed" "adopted" "legislation" "in" "that" "respect" "," "which" "," "inter" "alia" "recognises" "the" "right" "to" "education" "as" "a" "fundamental" "right" "." "(" "3" ")" "However" "," "it" "has" "not" "defined" "the" "concept" "of" "‘" "education" "’" "."


Input: "This" "reference" "for" "a" "preliminary" "ruling" "requires" "the" "Court" "to" "give" "an" "answer" "to" "that" "ancient" "question" "," "now" "raised" "in" "the" "context" "of" "EU" "law" "," "and" "more" "precisely" "of" "Council" "Directive" "2000" "/" "43" "/" "EC" "." "(" "4" ")" "What" "constitutes" "education" "?"


Input: "Legal" "framework" "Directive" "2000" "/" "43" "3" "."


Input: "The" "purpose" "of" "Directive" "2000" "/" "43" "is" "to" "lay" "down" "a" "framework" "for" "combating" "discrimination" "on" "the" "grounds" "of" "racial" "or" "ethnic" "origin" "." "(" "5" ")" "4" "."


Input: "Article" "2" "(" "1" ")" "prohibits" "both" "direct" "and" "indirect" "discrimination" "on" "the" "grounds" "of" "racial" "or" "ethnic" "origin" "."


Input: "Article" "2" "(" "2" ")" "defines" "direct" "discrimination" "as" "occurring" "‘" "where" "one" "person" "is" "treated" "less" "favourably" "than" "another" "is" "," "has" "been" "or" "would" "be" "treated" "in" "a" "comparable" "situation" "on" "grounds" "of" "racial" "or" "ethnic" "origin" "’" "and" "indirect" "discrimination" "as" "occurring" "‘" "where" "an" "apparently" "neutral" "provision" "," "criterion" "or" "practice" "would" "put" "persons" "of" "a" "racial" "or" "ethnic" "origin" "at" "a" "particular" "disadvantage" "compared" "with" "other" "persons" "," "unless" "that" "provision" "," "criterion" "or" "practice" "is" "objectively" "justified" "by" "a" "legitimate" "aim" "and" "the" "means" "of" "achieving" "that" "aim" "are" "appropriate" "and" "necessary" "’" "." "5" "."


Input: "Article" "3" "(" "1" ")" "defines" "the" "scope" "of" "the" "directive" "as" "applying" "‘" "within" "the" "limits" "of" "the" "powers" "conferred" "upon" "the" "Community" "," "…" "to" "all" "persons" "," "as" "regards" "both" "the" "public" "and" "private" "sectors" "," "including" "public" "bodies" "," "in" "relation" "to" ":" "…" "(" "g" ")" "education" "…" "’" "."


Input: "National" "legislation" "6" "."


Input: "Directive" "2000" "/" "43" "was" "transposed" "in" "Germany" "by" "the" "Allgemeines" "Gleichbehandlungsgesetz" "(" "General" "Law" "on" "equal" "treatment" "," "‘" "the" "AGG" "’" ")" "." "7" "."


Input: "Paragraph" "1" "of" "the" "AGG" "prohibits" "all" "discrimination" "on" "the" "grounds" "of" "," "inter" "alia" "," "race" "or" "ethnic" "origin" "."


Input: "Paragraph" "2" "(" "1" ")" "(" "7" ")" "," "transposing" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Directive" "2000" "/" "43" "," "defines" "the" "scope" "of" "prohibition" "as" "including" "discrimination" "in" "relation" "to" "," "inter" "alia" "," "education" "."


Input: "Paragraph" "3" "(" "1" ")" "and" "(" "2" ")" "defines" "direct" "and" "indirect" "discrimination" "prohibited" "by" "that" "law" "."


Input: "Facts" "," "procedure" "and" "the" "questions" "referred" "8" "."


Input: "Mr" "Maniero" "is" "an" "Italian" "national" "born" "and" "residing" "in" "Germany" "."

"I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O"

"B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "O"

"B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O"

"I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "O"

"I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "O"

"B-PERSON" "I-PERSON" "O" "O" "O" "O" "O" "O" "O" "O" "B-ADDRESS" "O"


Input: "In" "2013" "," "he" "obtained" "a" "Bachelor" "of" "Laws" "from" "a" "university" "in" "Armenia" "." "9" "."

"O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O"

"O" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "O" "O" "O"


Input: "On" "11" "December" "2013" "," "Mr" "Maniero" "contacted" "the" "Studienstiftung" "des" "deutschen" "Volkes" "eV" "(" "German" "Academic" "Scholarship" "Foundation" "," "‘" "the" "Foundation" "’" ")" "," "a" "registered" "association" "awarding" "scholarships" "," "with" "a" "view" "to" "applying" "for" "a" "‘" "Bucerius" "Law" "Programme" "’" "scholarship" "," "related" "to" "the" "promotion" "of" "projects" "of" "legal" "research" "and" "studies" "abroad" "." "(" "6" ")" "10" "."

"O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "I-AMOUNT" "I-AMOUNT" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "O" "B-ADDRESS" "B-ADDRESS" "O" "O" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "O" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "B-AMOUNT" "B-AMOUNT" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "I-ADDRESS" "I-ADDRESS" "O" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "B-DATE" "I-DATE" "I-DATE" "O" "B-PERSON" "I-PERSON" "O" "O" "B-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "B-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "The" "Foundation" "responded" "on" "17" "January" "2014" "indicating" "that" "applicants" "had" "to" "have" "passed" "the" "First" "State" "Law" "Examination" "."

"O" "O" "O" "O" "I-ORGANISATION" "I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"

"O" "O" "O" "O" "B-ORGANISATION" "B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "Mr" "Maniero" "replied" "stating" "that" "the" "‘" "five-year" "degree" "’" "that" "he" "obtained" "in" "Armenia" "was" "comparable" "to" "the" "Second" "State" "Law" "Examination" "since" "it" "qualifies" "the" "holder" "to" "hold" "judicial" "office" "or" "to" "act" "as" "a" "lawyer" "in" "that" "country" "."


Input: "He" "suggested" "that" "the" "Foundation" "’" "s" "requirement" "could" "infringe" "the" "AGG" "as" "discrimination" "based" "on" "ethnic" "or" "social" "origin" "." "11" "."


Input: "Mr" "Maniero" "did" "not" "apply" "for" "the" "scholarship" "."

"I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O"

"I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O"

"B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O"

"B-ORGANISATION" "B-ORGANISATION" "O" "O" "O" "O" "O" "O" "O"

"B-ADDRESS" "B-ADDRESS" "O" "O" "O" "O" "O" "O" "O"

"I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O"

"B-PERSON" "I-PERSON" "O" "O" "O" "O" "O" "O" "O"


Input: "In" "subsequent" "correspondence" "with" "the" "Foundation" "," "he" "contended" "that" "it" "was" "the" "Foundation" "’" "s" "negative" "attitude" "that" "had" "deterred" "him" "from" "doing" "so" "." "12" "."


Input: "Mr" "Maniero" "brought" "an" "action" "before" "the" "Landgericht" "(" "Regional" "Court" "," "Germany" ")" "requesting" "that" "the" "Foundation" "be" "ordered" "to" "cease" "and" "refrain" "from" "discrimination" "on" "the" "grounds" "of" "his" "age" "or" "origin" "and" "to" "pay" "him" "EUR" "18" "734.60" "in" "damages" "and" "compensation" "for" "travel" "costs" "."


Input: "That" "action" "," "as" "well" "as" "the" "appeal" "that" "followed" "," "were" "dismissed" "." "13" "."


Input: "Mr" "Maniero" "then" "introduced" "an" "appeal" "on" "a" "point" "of" "law" "before" "the" "Bundesgerichtshof" "(" "Federal" "Court" "of" "Justice" "," "Germany" ")" "(" "‘" "the" "referring" "court" "’" ")" "." "14" "."

"I-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "The" "latter" "observes" "that" "the" "appeal" "can" "only" "succeed" "if" "the" "award" "of" "scholarships" "is" "covered" "by" "the" "concept" "of" "education" "in" "Paragraph" "2" "(" "1" ")" "(" "7" ")" "of" "the" "AGG" "," "transposing" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Directive" "2000" "/" "43" "."


Input: "If" "that" "is" "the" "case" "," "the" "next" "issue" "is" "whether" "or" "not" "the" "requirement" "to" "have" "passed" "the" "First" "State" "Law" "Examination" "constitutes" "indirect" "discrimination" "prohibited" "by" "Paragraph" "3" "(" "2" ")" "of" "the" "AGG" "," "transposing" "Article" "2" "(" "2" ")" "(" "b" ")" "of" "Directive" "2000" "/" "43" "."


Input: "Against" "that" "background" "the" "referring" "court" "asks" "this" "Court" "the" "following" "questions" ":" "‘" "(" "1" ")" "Is" "the" "award" "by" "a" "registered" "association" "of" "scholarships" "intended" "to" "promote" "projects" "for" "research" "and" "studies" "abroad" "covered" "by" "the" "concept" "of" "“" "education" "”" "within" "the" "meaning" "of" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Directive" "2000" "/" "43" "?"


Input: "(" "2" ")" "If" "Question" "1" "is" "to" "be" "answered" "in" "the" "affirmative" ":" "In" "the" "case" "of" "the" "award" "of" "scholarships" "referred" "to" "in" "Question" "1" "," "does" "the" "participation" "requirement" "relating" "to" "the" "passing" "of" "the" "First" "State" "Law" "Examination" "in" "Germany" "constitute" "indirect" "discrimination" "against" "an" "applicant" "within" "the" "meaning" "of" "Article" "2" "(" "2" ")" "(" "b" ")" "of" "Directive" "2000" "/" "43" "where" "the" "applicant" "," "who" "is" "a" "Union" "citizen" "," "has" "indeed" "acquired" "a" "comparable" "qualification" "in" "a" "State" "which" "does" "not" "belong" "to" "the" "European" "Union" "," "without" "the" "choice" "of" "this" "place" "of" "qualification" "being" "related" "to" "the" "ethnic" "origin" "of" "the" "applicant" "," "but" "," "on" "account" "of" "his" "residence" "in" "national" "territory" "and" "fluent" "command" "of" "German" "," "had" "," "in" "the" "same" "way" "as" "a" "national" "," "the" "possibility" "of" "taking" "the" "First" "State" "Law" "Examination" "after" "studying" "law" "in" "national" "territory" "?"


Input: "Is" "any" "difference" "made" "by" "the" "fact" "that" "the" "objective" "pursued" "by" "the" "scholarship" "programme" "is" "," "without" "being" "linked" "to" "any" "discriminatory" "characteristics" "," "to" "provide" "law" "graduates" "in" "Germany" "with" "knowledge" "of" "foreign" "legal" "systems" "," "experience" "of" "being" "abroad" "and" "knowledge" "of" "languages" "by" "promoting" "a" "project" "for" "research" "and" "studies" "abroad" "?" "’"


Input: "15" "."


Input: "Written" "observations" "were" "submitted" "by" "the" "Foundation" "," "the" "German" "Government" "and" "the" "European" "Commission" "."

"O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O"


Input: "Mr" "Maniero" "," "the" "Foundation" "," "the" "German" "Government" "and" "the" "Commission" "made" "oral" "submissions" "at" "the" "hearing" "on" "30" "May" "2018" "." "16" "."

"I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "I-ADDRESS" "I-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-ADDRESS" "I-ADDRESS" "I-ADDRESS" "O" "O" "O"

"B-ADDRESS" "B-ADDRESS" "O" "O" "O" "O" "O" "B-ADDRESS" "B-ADDRESS" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-ADDRESS" "B-ADDRESS" "B-ADDRESS" "O" "O" "O"

"I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "I-AMOUNT" "I-AMOUNT" "I-AMOUNT" "O" "O" "O"

"B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-AMOUNT" "B-AMOUNT" "B-AMOUNT" "O" "O" "O"

"B-PERSON" "I-PERSON" "O" "O" "O" "O" "O" "B-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "B-DATE" "I-DATE" "I-DATE" "O" "O" "O"


Input: "As" "requested" "by" "the" "Court" "," "I" "shall" "limit" "myself" "in" "this" "Opinion" "to" "examining" "the" "first" "question" "."


Input: "Assessment" "17" "."


Input: "The" "referring" "court" "asks" "whether" "the" "award" "of" "scholarships" "intended" "to" "promote" "projects" "for" "research" "and" "studies" "abroad" "by" "a" "registered" "association" "falls" "within" "the" "scope" "of" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Directive" "2000" "/" "43" "as" "being" "related" "to" "‘" "education" "’" "."


Input: "I" "note" "at" "the" "outset" "that" "this" "case" "concerns" "the" "concept" "of" "‘" "education" "’" "in" "the" "context" "of" "Directive" "2000" "/" "43" "and" "not" "the" "possible" "implications" "for" "recognition" "of" "diplomas" "or" "free" "movement" "of" "persons" "." "18" "."


Input: "The" "Foundation" "and" "the" "German" "Government" "submit" "that" "the" "concept" "of" "education" "should" "be" "interpreted" "as" "not" "including" "the" "award" "of" "scholarships" "."


Input: "They" "base" "their" "arguments" "principally" "on" "the" "legislative" "history" "and" "the" "scheme" "of" "the" "directive" "." "19" "."


Input: "The" "Commission" "on" "the" "other" "hand" "argues" "that" "Directive" "2000" "/" "43" "should" "be" "interpreted" "broadly" "," "a" "submission" "with" "which" "Mr" "Maniero" "is" "in" "agreement" "."


Input: "Accordingly" "," "the" "award" "of" "scholarships" "should" "be" "included" "within" "the" "scope" "of" "the" "word" "‘" "education" "’" "in" "Article" "3" "(" "1" ")" "(" "g" ")" "." "20" "."


Input: "According" "to" "settled" "case-law" "," "the" "need" "for" "a" "uniform" "application" "of" "EU" "law" "and" "the" "principle" "of" "equality" "require" "that" "the" "terms" "of" "a" "provision" "of" "EU" "law" "which" "makes" "no" "express" "reference" "to" "the" "law" "of" "the" "Member" "States" "for" "the" "purpose" "of" "determining" "its" "meaning" "and" "scope" "must" "normally" "be" "given" "an" "independent" "and" "uniform" "interpretation" "throughout" "the" "European" "Union" "."


Input: "Whilst" "the" "wording" "of" "Directive" "2000" "/" "43" "does" "not" "give" "specific" "guidance" "on" "how" "the" "term" "‘" "education" "’" "is" "to" "be" "understood" "," "neither" "does" "it" "contain" "any" "reference" "to" "national" "laws" "as" "regards" "the" "meaning" "of" "that" "term" "."


Input: "It" "follows" "that" "‘" "education" "’" "must" "be" "regarded" "," "for" "the" "purposes" "of" "the" "directive" "," "as" "designating" "an" "autonomous" "concept" "of" "EU" "law" "which" "must" "be" "interpreted" "in" "a" "uniform" "manner" "throughout" "the" "Member" "States" "." "(" "7" ")" "21" "."


Input: "As" "the" "Court" "has" "consistently" "held" "," "the" "meaning" "and" "scope" "of" "a" "term" "for" "which" "EU" "law" "provides" "no" "definition" "must" "be" "determined" "by" "considering" "its" "usual" "meaning" "in" "everyday" "language" "," "while" "also" "taking" "into" "account" "the" "context" "in" "which" "it" "occurs" "and" "the" "purposes" "of" "the" "rules" "of" "which" "it" "is" "part" "." "(" "8" ")" "22" "."


Input: "Education" "is" "commonly" "perceived" "as" "‘" "the" "act" "or" "process" "of" "acquiring" "knowledge" "," "especially" "systematically" "during" "childhood" "and" "adolescence" "’" "." "(" "9" ")" "Illustrative" "definitions" "of" "‘" "education" "’" "are" "not" "lacking" ";" "(" "10" ")" "Thus" "," "the" "International" "Standard" "Classification" "of" "Education" "(" "2011" ")" "proposes" "‘" "the" "processes" "by" "which" "societies" "deliberately" "transmit" "their" "accumulated" "information" "," "knowledge" "," "understanding" "," "attitudes" "," "values" "," "skills" "," "competencies" "and" "behaviours" "across" "generations" "."


Input: "It" "involves" "communication" "designed" "to" "bring" "about" "learning" "’" "." "(" "11" ")" "It" "follows" "that" "education" "is" "an" "intellectual" "process" "."


Input: "Education" "is" "thus" "composed" "of" "two" "aspects" "," "the" "one" "substantial" "(" "it" "is" "‘" "intellectual" "’" ")" "and" "the" "other" "functional" "(" "it" "is" "a" "‘" "process" "’" ")" "."


Input: "Usually" "," "but" "not" "always" "," "education" "takes" "place" "at" "a" "school" "or" "at" "a" "university" "."


Input: "I" "would" "include" "research" "," "when" "it" "takes" "place" "in" "an" "educational" "establishment" "," "within" "the" "term" "," "as" "the" "purpose" "of" "such" "research" "is" "to" "acquire" "and" "transmit" "knowledge" "rather" "than" "to" "further" "commercial" "objectives" "."


Input: "Although" "one" "thinks" "primarily" "of" "young" "persons" "when" "referring" "to" "education" "," "it" "is" "important" "to" "emphasise" "that" "education" "concerns" "all" "ages" "."


Input: "Lifelong" "learning" "today" "plays" "an" "important" "role" "in" "the" "professional" "and" "personal" "evolution" "of" "individuals" "." "(" "12" ")" "Thus" "," "one" "also" "finds" "initiatives" "such" "as" "the" "‘" "université" "du" "troisième" "age" "’" "enabling" "those" "who" "have" "retired" "from" "active" "economic" "life" "to" "expand" "their" "knowledge" "." "23" "."


Input: "From" "the" "usual" "meaning" "of" "the" "word" "‘" "education" "’" "," "which" "is" "," "I" "observe" "," "very" "broad" "," "it" "is" "not" "apparent" "that" "the" "award" "of" "scholarships" "is" "necessarily" "included" "within" "its" "scope" "." "24" "."


Input: "I" "shall" "therefore" "turn" "to" "the" "context" "and" "the" "objective" "of" "the" "rules" "of" "which" "that" "term" "forms" "part" "." "25" "."


Input: "The" "purpose" "of" "Directive" "2000" "/" "43" "is" "to" "lay" "down" "a" "framework" "for" "combating" "discrimination" "on" "the" "grounds" "of" "racial" "or" "ethnic" "origin" "," "with" "a" "view" "to" "putting" "into" "effect" "in" "the" "Member" "States" "the" "principle" "of" "equal" "treatment" "." "(" "13" ")" "It" "gives" "specific" "expression" "," "in" "its" "field" "of" "application" "," "to" "the" "principle" "of" "non-discrimination" "on" "grounds" "of" "race" "and" "ethnic" "origin" "which" "is" "enshrined" "in" "Article" "21" "of" "the" "Charter" "." "(" "14" ")" "The" "preamble" "of" "the" "directive" "describes" "protection" "against" "discrimination" "as" "a" "universal" "right" "and" "refers" "to" "that" "effect" "to" "various" "international" "agreements" "that" "recognise" "that" "right" "." "(" "15" ")" "26" "."


Input: "Furthermore" "," "in" "recitals" "9" "," "12" "and" "13" "," "the" "EU" "legislature" "sought" "to" "make" "clear" "that" ":" "(" "i" ")" "discrimination" "based" "on" "racial" "or" "ethnic" "origin" "may" "hinder" "the" "achievement" "of" "the" "objectives" "of" "the" "Treaty" "," "in" "particular" "attaining" "a" "high" "level" "of" "employment" "and" "of" "social" "protection" "," "raising" "of" "the" "standard" "of" "living" "and" "quality" "of" "life" "," "and" "promoting" "economic" "and" "social" "cohesion" "and" "solidarity" "," "and" "may" "also" "undermine" "the" "development" "the" "European" "Union" "as" "an" "area" "of" "freedom" "," "security" "and" "justice" ";" "and" "(" "ii" ")" "the" "prohibition" "of" "any" "discrimination" "of" "that" "type" "is" "intended" "," "in" "particular" "," "to" "ensure" "the" "development" "of" "democratic" "and" "tolerant" "societies" "which" "allow" "the" "participation" "of" "all" "persons" "irrespective" "of" "racial" "or" "ethnic" "origin" "." "(" "16" ")" "27" "."


Input: "The" "scope" "of" "Directive" "2000" "/" "43" "is" "broad" "."


Input: "Ratione" "personae" "," "it" "covers" "all" "natural" "persons" "and" "protects" "them" "against" "discrimination" "on" "grounds" "of" "racial" "or" "ethnic" "origin" "." "(" "17" ")" "That" "protection" "applies" "to" "both" "the" "public" "and" "private" "sectors" "," "including" "public" "bodies" "." "(" "18" ")" "Ratione" "materiae" "," "it" "goes" "beyond" "access" "to" "employed" "and" "self-employed" "activities" "and" "covers" "all" "the" "areas" "listed" "exhaustively" "in" "Article" "3" "(" "1" ")" "." "(" "19" ")" "28" "."


Input: "As" "the" "Court" "has" "consistently" "held" "," "in" "the" "light" "of" "the" "objective" "of" "Directive" "2000" "/" "43" "and" "the" "nature" "of" "the" "rights" "which" "it" "seeks" "to" "safeguard" "," "its" "scope" "cannot" "be" "defined" "restrictively" "." "(" "20" ")" "That" "conclusion" "applies" "to" "the" "terms" "of" "the" "directive" "that" "define" "its" "substantive" "scope" "," "such" "as" "employment" "," "vocational" "guidance" "and" "training" "," "working" "conditions" "," "social" "protection" "and" "advantages" "and" "," "of" "course" "," "education" "." "(" "21" ")" "29" "."


Input: "Does" "that" "broad" "interpretation" "of" "the" "term" "‘" "education" "’" "also" "cover" "the" "award" "of" "scholarships" "?"


Input: "30" "."


Input: "The" "award" "of" "scholarships" "does" "not" "correspond" "," "as" "such" "," "to" "the" "intellectual" "process" "that" "constitutes" "education" "."


Input: "It" "concerns" "access" "to" "education" "." "31" "."


Input: "In" "my" "view" "," "however" "," "access" "to" "education" "is" "an" "essential" "component" "of" "education" "itself" "," "especially" "in" "the" "context" "of" "a" "legal" "instrument" "combating" "discrimination" "." "32" "."


Input: "Indeed" "," "for" "the" "purposes" "of" "combating" "discrimination" "," "if" "access" "to" "education" "were" "omitted" "," "what" "would" "be" "left" "in" "the" "concept" "of" "‘" "education" "’" "?"


Input: "In" "a" "classroom" "(" "to" "take" "the" "very" "classic" "view" "of" "education" ")" "," "everyone" "can" "sit" "in" "the" "front" "and" "everyone" "can" "ask" "questions" "."


Input: "It" "would" "be" "nowadays" "unimaginable" "that" "a" "certain" "ethnic" "group" "has" "to" "sit" "at" "the" "back" "and" "is" "not" "allowed" "to" "address" "the" "teacher" "."


Input: "Equally" "self-evidently" "," "all" "students" "should" "be" "graded" "according" "to" "the" "same" "criteria" "," "according" "to" "their" "merits" "and" "not" "their" "race" "or" "ethnic" "origin" ";" "and" "all" "students" "should" "obtain" "the" "same" "diploma" "after" "successfully" "following" "the" "same" "classes" "." "(" "22" ")" "But" "the" "possibility" "to" "be" "admitted" "under" "the" "same" "conditions" "to" "all" "schools" "and" "to" "all" "classes" "corresponds" "to" "access" "to" "education" "."


Input: "Without" "that" "access" "," "there" "can" "be" "no" "education" "."


Input: "To" "be" "clear" "," "the" "word" "‘" "education" "’" "necessarily" "implies" "the" "words" "‘" "access" "to" "’" "education" ";" "they" "are" "co-existent" "and" "co-dependent" "and" "to" "divorce" "them" "would" "denude" "the" "directive" "of" "its" "purpose" "to" "combat" "discrimination" "related" "to" "education" "." "33" "."


Input: "Of" "course" "," "access" "to" "education" "has" "many" "component" "parts" "."


Input: "It" "could" "be" "physical" "access" "to" "a" "building" ";" "imposing" "a" "numerus" "clausus" "system" "to" "keep" "student" "numbers" "controlled" ";" "the" "ability" "to" "borrow" "or" "purchase" "books" ";" "the" "ability" "to" "pay" "for" "living" "expenses" "(" "amongst" "many" "others" ")" "."


Input: "Accordingly" "," "schools" "," "universities" "and" "other" "institutions" "frequently" "award" "scholarships" "to" "cover" "the" "fees" "of" "educational" "programmes" "," "travel" "costs" "incurred" "in" "studying" "abroad" "or" "maintenance" "costs" "(" "whether" "in" "money" "or" "in" "kind" "," "such" "as" "the" "provision" "of" "free" "accommodation" "or" "meals" ")" "." "34" "."


Input: "Financing" "is" "an" "essential" "aspect" "of" "access" "to" "education" "."


Input: "Excluding" "a" "certain" "ethnic" "group" "from" "that" "finance" "means" "," "especially" "for" "educational" "programmes" "for" "which" "the" "fees" "are" "very" "high" "," "excluding" "that" "group" "from" "education" "."


Input: "That" "perpetuates" "any" "existing" "discrimination" "against" "the" "group" "in" "question" "."


Input: "As" "the" "Commission" "stated" "in" "its" "proposal" "for" "the" "directive" "," "high" "quality" "education" "is" "a" "prerequisite" "for" "successful" "integration" "into" "society" "and" "equal" "treatment" "in" "selection" "procedures" "(" "that" "is" "to" "say" "," "in" "access" "to" "education" ")" "should" "not" "be" "neglected" "." "(" "23" ")" "A" "teleological" "interpretation" "of" "‘" "education" "’" "pleads" "clearly" "in" "favour" "of" "including" "aspects" "of" "access" "to" "education" "within" "the" "scope" "of" "the" "directive" "." "35" "."


Input: "An" "analysis" "of" "the" "term" "‘" "education" "’" "in" "the" "more" "general" "context" "of" "EU" "law" "points" "to" "the" "same" "conclusion" "."


Input: "The" "right" "to" "education" "(" "and" "access" "to" "vocational" "training" ")" "as" "well" "as" "protection" "from" "discrimination" "on" "grounds" "of" "race" "or" "ethnic" "origin" "are" "fundamental" "rights" "recognised" "by" "Articles" "14" "and" "21" "of" "the" "Charter" "respectively" "."


Input: "When" "deciding" "how" "to" "interpret" "‘" "education" "’" "within" "the" "context" "of" "Directive" "2000" "/" "43" "," "it" "is" "important" "to" "bear" "in" "mind" "that" "the" "question" "is" "situated" "at" "the" "crossroads" "of" "two" "fundamental" "rights" "." "36" "."


Input: "The" "Court" "’" "s" "case-law" "has" "already" "interpreted" "the" "concept" "of" "education" "broadly" "in" "cases" "concerning" "equal" "treatment" "," "so" "as" "to" "include" "aspects" "of" "access" "to" "education" "."


Input: "Thus" "," "in" "proceedings" "brought" "by" "two" "German" "students" "to" "whom" "the" "Netherlands" "refused" "to" "grant" "study" "financing" "in" "the" "same" "way" "as" "for" "Dutch" "students" "," "the" "Court" "held" "that" "the" "principle" "of" "equal" "treatment" "for" "admission" "to" "educational" "courses" "for" "the" "children" "of" "migrant" "workers" "in" "Article" "12" "of" "Regulation" "(" "EEC" ")" "No" "1612" "/" "68" "(" "24" ")" "refers" "not" "only" "to" "the" "rules" "concerning" "admission" "itself" "," "but" "also" "to" "general" "measures" "intended" "to" "facilitate" "educational" "attendance" "." "(" "25" ")" "37" "."


Input: "Similarly" "," "in" "interpreting" "Article" "7" "of" "the" "EEC" "Treaty" "(" "now" "Article" "21" "(" "2" ")" "TFEU" ")" "," "the" "Court" "held" "that" "equality" "of" "treatment" "regarding" "the" "conditions" "of" "access" "to" "vocational" "training" "applies" "not" "only" "to" "the" "requirements" "laid" "down" "by" "the" "educational" "establishment" "in" "question" "," "such" "as" "enrolment" "fees" "," "but" "also" "to" "any" "measure" "that" "may" "prevent" "the" "exercise" "of" "that" "right" "," "such" "as" "the" "right" "of" "residence" "in" "the" "Member" "State" "where" "the" "course" "takes" "place" "." "(" "26" ")" "38" "."


Input: "In" "Bidar" "," "the" "Court" "has" "explainedthat" "," "following" "the" "introduction" "of" "the" "concept" "of" "citizenship" "of" "the" "Union" "into" "the" "EC" "Treaty" "together" "with" "a" "chapter" "devoted" "," "inter" "alia" "," "to" "education" "and" "vocational" "training" "," "the" "situation" "of" "a" "Union" "citizen" "who" "is" "lawfully" "resident" "in" "another" "Member" "State" "falls" "within" "the" "scope" "of" "the" "prohibition" "on" "discrimination" "on" "grounds" "of" "nationality" "for" "the" "purposes" "of" "obtaining" "assistance" "for" "students" "which" "is" "intended" "to" "cover" "maintenance" "costs" "," "whether" "in" "the" "form" "of" "a" "subsidised" "loan" "or" "a" "grant" "."


Input: "The" "Court" "did" "not" "there" "distinguish" "between" "the" "different" "aspects" "of" "access" "to" "education" "covered" "by" "the" "financing" "." "(" "27" ")" "39" "."


Input: "Furthermore" "," "as" "the" "Commission" "submitted" "at" "the" "hearing" "," "notwithstanding" "that" "Article" "165" "TFEU" "governing" "the" "European" "Union" "competence" "on" "education" "does" "not" "expressly" "mention" "the" "financing" "of" "studies" "," "that" "article" "has" "served" "as" "the" "legal" "basis" "for" "establishing" "the" "Erasmus" "+" "programme" "," "which" "includes" "," "inter" "alia" "," "funding" "for" "the" "learning" "mobility" "of" "individuals" "." "(" "28" ")" "That" "reflects" "," "in" "my" "view" "," "the" "importance" "ascribed" "to" "access" "to" "education" "by" "the" "EU" "legislature" "as" "an" "essential" "aspect" "of" "education" "." "40" "."


Input: "However" "," "in" "order" "to" "decide" "whether" "or" "not" "the" "award" "of" "a" "scholarship" "or" "grant" "is" "included" "within" "the" "scope" "of" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Directive" "2000" "/" "43" "," "I" "would" "not" "seek" "guidance" "from" "Article" "11" "(" "1" ")" "(" "b" ")" "of" "Council" "Directive" "2003" "/" "109" "/" "EC" "(" "an" "idea" "that" "was" "explored" "at" "the" "hearing" ")" "." "(" "29" ")" "That" "provision" "concerns" "equal" "treatment" "of" "long-term" "residents" "with" "nationals" "of" "the" "host" "Member" "State" "as" "regards" "‘" "education" "and" "vocational" "training" "," "including" "study" "grants" "in" "accordance" "with" "national" "law" "’" "."


Input: "It" "is" "apparent" "from" "the" "reference" "to" "‘" "national" "law" "’" "that" "the" "interpretation" "of" "that" "provision" "," "insofar" "as" "what" "constitutes" "a" "‘" "study" "grant" "’" "is" "concerned" "," "is" "not" "to" "be" "conducted" "under" "the" "principles" "applicable" "to" "autonomous" "concepts" "of" "EU" "law" "(" "see" "points" "20" "and" "21" "above" ")" "."


Input: "Against" "that" "background" "," "and" "given" "the" "different" "personal" "and" "material" "scope" "of" "the" "two" "directives" "," "I" "do" "not" "consider" "it" "appropriate" "to" "draw" "on" "Directive" "2003" "/" "109" "for" "the" "interpretation" "of" "‘" "education" "’" "in" "the" "context" "of" "Directive" "2000" "/" "43" "." "41" "."


Input: "As" "regards" "the" "legislative" "history" "of" "Directive" "2000" "/" "43" "," "Article" "3" "(" "1" ")" "(" "g" ")" "of" "the" "Commission" "Proposal" "explained" "that" "the" "scope" "of" "‘" "education" "’" "was" "to" "be" "taken" "as" "‘" "including" "grants" "and" "scholarships" "," "while" "fully" "respecting" "the" "responsibility" "of" "the" "Member" "States" "for" "the" "content" "of" "teaching" "and" "the" "organisation" "of" "education" "systems" "and" "their" "cultural" "and" "linguistic" "diversity" "’" "." "(" "30" ")" "Those" "explanations" "were" "removed" "however" "from" "the" "final" "text" "of" "the" "directive" "adopted" "by" "the" "Council" "."


Input: "The" "Foundation" "and" "the" "German" "Government" "consider" "that" "that" "indicates" "that" "the" "EU" "legislature" "deliberately" "chose" "to" "exclude" "grants" "and" "scholarships" "from" "the" "scope" "of" "that" "provision" "." "42" "."


Input: "I" "do" "not" "agree" "with" "that" "interpretation" "." "43" "."


Input: "The" "sentence" "that" "was" "removed" "from" "the" "final" "text" "also" "included" "the" "obligation" "to" "respect" "the" "responsibility" "of" "the" "Member" "States" "for" "the" "content" "of" "teaching" "and" "the" "organisation" "of" "their" "education" "systems" "."


Input: "That" "sentence" "reproduces" "verbatim" "Article" "165" "(" "1" ")" "TFEU" "setting" "out" "the" "Union" "competence" "on" "education" "."


Input: "Although" "the" "latter" "is" "not" "amongst" "the" "legal" "basis" "of" "Directive" "2000" "/" "43" "," "the" "material" "scope" "of" "that" "directive" "is" "naturally" "limited" "to" "the" "powers" "conferred" "upon" "the" "EU" "." "(" "31" ")" "Thus" "," "the" "legislature" "’" "s" "intention" "," "when" "it" "removed" "the" "sentence" "‘" "while" "fully" "respecting" "the" "responsibility" "of" "the" "Member" "States" "for" "the" "content" "of" "teaching" "and" "the" "organisation" "of" "education" "systems" "and" "their" "cultural" "and" "linguistic" "diversity" "’" "from" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Directive" "2000" "/" "43" "," "cannot" "have" "been" "to" "change" "the" "scope" "of" "that" "provision" "."


Input: "And" "whilst" "there" "is" "no" "certainty" "as" "to" "the" "legislator" "’" "s" "intention" "when" "deleting" "that" "wording" "," "the" "removal" "of" "tautologous" "language" "is" "certainly" "a" "plausible" "explanation" "."


Input: "The" "deletion" "simplifies" "the" "provision" "’" "s" "wording" "without" "changing" "its" "scope" "," "whilst" "emphasising" "the" "autonomous" "nature" "of" "the" "terms" "used" "by" "removing" "the" "reference" "to" "the" "Member" "States" "’" "powers" "."


Input: "Logically" "," "the" "same" "conclusion" "applies" "to" "the" "first" "part" "of" "the" "sentence" "that" "was" "removed" "," "namely" "‘" "including" "grants" "and" "scholarships" "’" "."


Input: "The" "Foundation" "and" "the" "German" "Government" "argue" "that" "those" "words" "were" "deleted" "in" "order" "to" "narrow" "the" "definition" "."

"O" "O" "O" "O" "B-ORGANISATION" "I-ORGANISATION" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O" "O"


Input: "But" "the" "opposite" "might" "equally" "be" "true" ":" "namely" "that" "the" "deletion" "was" "designed" "to" "ensure" "a" "broad" "definition" "." "44" "."


Input: "That" "conclusion" "is" "not" "altered" "by" "the" "fact" "that" "other" "terms" "defining" "the" "directive" "’" "s" "scope" "(" "in" "points" "(" "a" ")" "to" "(" "e" ")" "and" "(" "h" ")" "of" "Article" "3" "(" "1" ")" ")" "are" "further" "explained" "by" "a" "sentence" "starting" "with" "‘" "including" "’" "."


Input: "Nor" "am" "I" "convinced" "by" "the" "argument" "that" "the" "fact" "that" "vocational" "guidance" "and" "training" "are" "mentioned" "separately" "," "in" "Article" "3" "(" "1" ")" "(" "b" ")" "," "demonstrates" "an" "intention" "to" "narrow" "the" "scope" "of" "the" "concept" "of" "education" "." "45" "."


Input: "Vocational" "guidance" "and" "training" "are" "closely" "linked" "to" "access" "to" "employment" "and" "are" "thus" "mentioned" "directly" "after" "that" "aspect" "."


Input: "At" "the" "time" "when" "vocational" "training" "was" "the" "only" "term" "linked" "to" "education" "in" "the" "EEC" "Treaty" "," "the" "Court" "found" "that" "," "as" "a" "general" "rule" "," "university" "studies" "constitute" "‘" "vocational" "training" "’" "within" "the" "meaning" "of" "Article" "128" "EEC" "and" "therefore" "a" "supplementary" "enrolment" "fee" "charged" "to" "students" "who" "were" "nationals" "of" "other" "Member" "States" "constituted" "discrimination" "on" "grounds" "of" "nationality" "contrary" "to" "Article" "7" "EEC" "."


Input: "It" "is" "clear" "that" "," "in" "that" "case" "," "the" "Court" "interpreted" "broadly" "and" "purposively" "the" "term" "‘" "vocational" "training" "’" "so" "as" "to" "prohibit" "discrimination" "on" "the" "grounds" "of" "nationality" "in" "university" "education" "."


Input: "There" "is" "," "here" "," "an" "analogy" "with" "the" "present" "case" "insofar" "as" "the" "same" "methods" "of" "interpretation" "should" "be" "used" "in" "order" "to" "arrive" "at" "a" "broader" "application" "of" "the" "rule" "at" "issue" "." "(" "32" ")" "46" "."


Input: "The" "Commission" "submitted" "at" "the" "hearing" "that" "the" "award" "of" "scholarships" "may" "also" "be" "covered" "by" "Article" "3" "(" "1" ")" "(" "f" ")" "of" "Directive" "2000" "/" "43" "(" "social" "advantages" ")" "."


Input: "That" "issue" "may" "be" "important" "," "should" "the" "Court" "find" "that" "the" "award" "of" "scholarships" "does" "not" "fall" "within" "the" "scope" "of" "education" "." "47" "."


Input: "The" "Commission" "Proposal" "states" "that" "social" "advantages" "are" "of" "an" "economic" "or" "cultural" "nature" "," "such" "as" "concessionary" "travel" "on" "public" "transport" "or" "subsidised" "meals" "in" "schools" "for" "children" "from" "low" "income" "families" "." "(" "33" ")" "The" "Court" "has" "already" "held" "that" "assistance" "granted" "for" "maintenance" "and" "education" "in" "order" "to" "pursue" "university" "studies" "evidenced" "by" "a" "professional" "qualification" "constitutes" "a" "social" "advantage" "within" "the" "meaning" "of" "Article" "7" "(" "2" ")" "of" "Regulation" "No" "1612" "/" "68" "." "(" "34" ")" "In" "my" "view" "," "that" "covers" "study" "financing" "that" "is" "‘" "horizontal" "’" "—" "that" "is" "," "granted" "to" "everyone" "according" "to" "criteria" "related" "for" "instance" "to" "the" "income" "or" "employment" "situation" "of" "the" "students" "or" "their" "parents" "."


Input: "I" "consider" "such" "cases" "as" "being" "both" "related" "to" "access" "to" "‘" "education" "’" "and" "constituting" "a" "‘" "social" "advantage" "’" "."


Input: "That" "means" "that" "an" "overlap" "in" "the" "scope" "of" "the" "two" "provisions" "cannot" "be" "excluded" "."


Input: "However" "," "where" "financing" "is" "awarded" "to" "a" "limited" "number" "of" "students" "according" "to" "criteria" "related" "to" "their" "academic" "performances" "or" "other" "merits" "(" "as" "seems" "to" "be" "the" "case" "in" "the" "main" "proceedings" ")" "," "it" "is" "my" "view" "that" "that" "financing" "should" "be" "considered" "to" "fall" "within" "the" "scope" "of" "‘" "education" "’" "." "48" "."


Input: "It" "follows" "from" "all" "the" "above" "that" "the" "term" "‘" "education" "’" "in" "the" "context" "of" "Directive" "2000" "/" "43" "must" "be" "interpreted" "broadly" "and" "that" "it" "includes" "aspects" "that" "are" "related" "to" "access" "to" "education" "," "such" "as" "financing" "by" "means" "of" "scholarships" "."


Input: "However" "," "there" "must" "be" "a" "genuine" "link" "between" "the" "financing" "and" "education" "."


Input: "A" "scholarship" "has" "such" "a" "link" "when" "it" "covers" "," "for" "instance" "," "enrolment" "and" "tuition" "fees" "," "travel" "costs" "associated" "with" "courses" "that" "take" "place" "in" "another" "State" "," "or" "maintenance" "costs" "," "when" "the" "objective" "is" "to" "permit" "students" "to" "follow" "their" "courses" "." "(" "35" ")" "It" "is" "for" "the" "national" "court" "to" "verify" "those" "aspects" "." "49" "."


Input: "I" "therefore" "conclude" "that" "the" "concept" "of" "‘" "education" "’" "within" "the" "meaning" "of" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Directive" "2000" "/" "43" "includes" "the" "award" "of" "scholarships" "intended" "to" "promote" "projects" "for" "research" "and" "studies" "abroad" "."


Input: "It" "is" "for" "the" "national" "court" "to" "verify" "the" "existence" "of" "a" "genuine" "link" "between" "the" "financing" "provided" "and" "‘" "education" "’" "."


Input: "Conclusion" "50" "."


Input: "In" "the" "light" "of" "the" "foregoing" "considerations" "," "I" "propose" "that" "the" "Court" "should" "answer" "the" "question" "referred" "by" "the" "Bundesgerichtshof" "(" "Federal" "Court" "of" "Justice" "," "Germany" ")" "to" "the" "following" "effect" ":" "The" "concept" "of" "‘" "education" "’" "within" "the" "meaning" "of" "Article" "3" "(" "1" ")" "(" "g" ")" "of" "Council" "Directive" "2000" "/" "43" "/" "EC" "of" "29" "June" "2000" "implementing" "the" "principle" "of" "equal" "treatment" "between" "persons" "irrespective" "of" "racial" "or" "ethnic" "origin" "includes" "the" "award" "of" "scholarships" "intended" "to" "promote" "projects" "for" "research" "and" "studies" "abroad" "."


Input: "It" "is" "for" "the" "national" "court" "to" "verify" "the" "existence" "of" "a" "genuine" "link" "between" "the" "financing" "provided" "and" "‘" "education" "’" "." "1" "Original" "language" ":" "English" "." "2" "‘" "Ὅτι" "μὲν" "οὖν" "τῷ" "νομοθέτῃ" "μάλιστα" "πραγματευτέον" "περὶ" "τὴν" "τῶν" "νέων" "παιδείαν" "," "οὐδεὶς" "ἂν" "ἀμφισβητήσειε" "…" "τίς" "δ" "᾽" "ἔσται" "ἡ" "παιδεία" "…" "δεῖ" "μὴ" "λανθάνειν" "." "’"


Input: "Aristotle" "," "Politics" "," "book" "8" "." "3" "Article" "14" "of" "the" "Charter" "of" "Fundamental" "Rights" "of" "the" "European" "Union" "(" "OJ" "2000" "C" "364" "," "p" "." "1" ")" "(" "‘" "the" "Charter" "’" ")" "." "4" "Directive" "of" "29" "June" "2000" "implementing" "the" "principle" "of" "equal" "treatment" "between" "persons" "irrespective" "of" "racial" "or" "ethnic" "origin" "(" "OJ" "2000" "L" "180" "," "p" "." "22" ")" "." "5" "Article" "1" "." "6" "The" "Foundation" "’" "s" "objective" "is" "," "according" "to" "its" "statutes" "," "to" "promote" "higher" "education" "for" "young" "people" "whose" "great" "scientific" "or" "artistic" "talent" "and" "personality" "give" "rise" "to" "expectations" "of" "particular" "achievements" "in" "the" "service" "of" "the" "community" "."


Input: "The" "objective" "of" "the" "‘" "Bucerius" "Law" "Programme" "’" "is" "to" "provide" "particularly" "qualified" "law" "graduates" "in" "Germany" "with" "knowledge" "of" "foreign" "legal" "systems" "and" "languages" "as" "well" "as" "the" "experience" "of" "being" "abroad" "." "7" "See" "," "to" "that" "effect" "," "judgment" "of" "2" "March" "2017" "," "J" "."


Input: "D" "." "," "C" "‑" "4" "/" "16" "," "EU" ":" "C" ":" "2017" ":" "153" "," "paragraphs" "23" "and" "24" "and" "the" "case-law" "cited" "." "8" "Judgment" "of" "3" "September" "2014" "," "Deckmyn" "and" "Vrijheidsfonds" "," "C" "‑" "201" "/" "13" "," "EU" ":" "C" ":" "2014" ":" "2132" "," "paragraph" "19" "and" "the" "case-law" "cited" "." "9" "That" "definition" "of" "education" "is" "to" "be" "found" "in" "the" "Collins" "English" "Dictionary" "."


Input: "The" "Oxford" "English" "Dictionary" "has" "‘" "the" "process" "of" "giving" "or" "receiving" "systematic" "instruction" "," "especially" "at" "a" "school" "or" "University" "’" "."


Input: "Taken" "together" "," "the" "two" "definitions" "correspond" "to" "a" "usual" "understanding" "of" "what" "‘" "education" "’" "means" "." "10" "In" "French" "," "the" "definition" "of" "‘" "education" "’" "by" "the" "Petit" "Robert" "seems" "to" "me" "even" "broader" ":" "‘" "mise" "en" "œuvre" "des" "moyens" "propres" "à" "assurer" "la" "formation" "et" "le" "développement" "d" "’" "un" "être" "humain" "’" "."


Input: "In" "German" "," "the" "language" "of" "the" "procedure" "in" "the" "present" "case" "," "the" "Duden" "—" "Deutsches" "Universalwörterbuch" "offers" "," "under" "‘" "Bildung" "’" "," "‘" "(" "a" ")" "das" "Bilden" "(" "5" ")" "," "Erziehung" ":" "die" "B" "." "der" "Jugend" ";" "mehr" "für" "die" "B" "." "tun" ";" "(" "b" ")" "das" "Gebildetsein" ";" "das" "Ausgebildetsein" ";" "erworbenes" "Allgemeinwissen" ":" "eine" "wissenschaftliche" "," "künstlerische" "," "humanistische" "B" "." ";" "seine" "B" "." "vervollständigen" "," "vertiefen" ";" "eine" "umfassende" "B" "." "besitzen" ";" "eine" "vorzügliche" "B" "." "erhalten" ";" "ein" "Mann" "von" "B" "."


Input: "(" "ein" "gebildeter" "Mann" ")" ";" "das" "gehört" "zur" "allgemeinen" "B" "."


Input: "(" "das" "sollte" "jeder" "Gebildete" "wissen" ")" ";" "(" "c" ")" "(" "seltener" ")" "gutes" "Benehmen" ":" "sie" "hat" "keine" "B" "."


Input: "(" "weiß" "nicht" "," "was" "sich" "schickt" ")" "’" "."


Input: "From" "an" "etymological" "perspective" "," "a" "survey" "of" "the" "different" "linguistic" "versions" "of" "the" "directive" "shows" "that" "seven" "of" "them" "(" "English" ":" "‘" "education" "’" "," "French" ":" "‘" "éducation" "’" "," "Maltese" ":" "‘" "edukazzjoni" "’" "," "Polish" ":" "‘" "edukacja" "’" "," "Portugese" ":" "‘" "educação" "’" "," "Romanian" ":" "‘" "educația" "’" "," "and" "Spanish" ":" "‘" "educación" "’" ")" "use" "a" "word" "etymologically" "deriving" "from" "the" "latin" "verb" "educare" "‘" "bring" "up" "," "rear" "," "educate" "’" "," "related" "to" "educere" "‘" "bring" "out" "," "lead" "forth" "’" "." "11" "The" "International" "Standard" "Classification" "of" "Education" "is" "the" "reference" "for" "international" "classification" "for" "organising" "education" "programmes" "and" "related" "qualifications" "by" "levels" "and" "fields" "proposed" "by" "the" "United" "Nations" "Educational" "," "Scientific" "and" "Cultural" "Organisation" "."


Input: "That" "definition" "is" "partially" "reproduced" "as" "the" "definition" "of" "‘" "education" "’" "by" "Article" "2" "(" "d" ")" "of" "Regulation" "(" "EC" ")" "No" "452" "/" "2008" "of" "the" "European" "Parliament" "and" "of" "the" "Council" "of" "23" "April" "2008" "concerning" "the" "production" "and" "development" "of" "statistics" "on" "education" "and" "lifelong" "learning" "(" "OJ" "2008" "L" "145" "," "p" "." "227" ")" "." "12" "Regulation" "(" "EU" ")" "No" "1288" "/" "2013" "of" "the" "European" "Parliament" "and" "of" "the" "Council" "of" "11" "December" "2013" "establishing" "‘" "Erasmus" "+" "’" ":" "the" "Union" "programme" "for" "education" "," "training" "," "youth" "and" "sport" "and" "repealing" "Decisions" "No" "1719" "/" "2006" "/" "EC" "," "No" "1720" "/" "2006" "/" "EC" "and" "No" "1298" "/" "2008" "/" "EC" "(" "OJ" "2013" "L" "347" "," "p" "." "50" ")" "defines" "‘" "lifelong" "learning" "’" "as" "‘" "all" "general" "education" "," "vocational" "education" "and" "training" "," "non-formal" "learning" "and" "informal" "learning" "undertaken" "throughout" "life" "," "resulting" "in" "an" "improvement" "in" "knowledge" "," "skills" "and" "competences" "or" "participation" "in" "society" "within" "a" "personal" "," "civic" "," "cultural" "," "social" "and" "/" "or" "employment-related" "perspective" "," "including" "the" "provision" "of" "counselling" "and" "guidance" "services" "’" "." "13" "Article" "1" "." "14" "Judgment" "of" "16" "July" "2015" "," "CHEZ" "Razpredelenie" "Bulgaria" "," "C" "‑" "83" "/" "14" "," "EU" ":" "C" ":" "2015" ":" "480" "," "paragraphs" "58" "and" "72" "and" "the" "case-law" "cited" "." "15" "Recital" "3" "." "16" "See" "also" "judgment" "of" "16" "July" "2015" "," "CHEZ" "Razpredelenie" "Bulgaria" "," "C" "‑" "83" "/" "14" "," "EU" ":" "C" ":" "2015" ":" "480" "," "paragraph" "74" "." "17" "Article" "3" "(" "1" ")" "and" "recital" "16" "."


Input: "The" "afforded" "protection" "extends" "," "where" "appropriate" "," "to" "legal" "persons" "where" "these" "suffer" "discrimination" "because" "of" "the" "racial" "or" "ethnic" "origin" "of" "their" "members" "." "18" "Article" "3" "(" "1" ")" "." "19" "See" "recital" "12" "of" "the" "directive" "and" "judgment" "of" "12" "May" "2011" "," "Runevič-Vardyn" "and" "Wardyn" "," "C" "‑" "391" "/" "09" "," "EU" ":" "C" ":" "2011" ":" "291" "," "paragraphs" "41" "and" "42" "."


Input: "In" "this" "regard" "," "its" "scope" "is" "broader" "than" "that" "of" "Council" "Directive" "2000" "/" "78" "/" "EC" "of" "27" "November" "2000" "establishing" "a" "general" "framework" "for" "equal" "treatment" "in" "employment" "and" "occupation" "(" "OJ" "2000" "L" "303" "," "p" "." "16" ")" "." "20" "Judgment" "of" "16" "July" "2015" "," "CHEZ" "Razpredelenie" "Bulgaria" "," "C" "‑" "83" "/" "14" "," "EU" ":" "C" ":" "2015" ":" "480" "," "paragraph" "42" "and" "the" "case-law" "cited" "." "21" "See" "," "to" "that" "effect" "," "for" "the" "access" "to" "and" "supply" "of" "goods" "(" "Article" "3" "(" "1" ")" "(" "h" ")" "of" "Directive" "2000" "/" "43" ")" "," "judgment" "of" "16" "July" "2015" "," "CHEZ" "Razpredelenie" "Bulgaria" "," "C" "‑" "83" "/" "14" "," "EU" ":" "C" ":" "2015" ":" "480" "," "paragraph" "43" "." "22" "I" "pause" "to" "observe" "that" "segregation" "in" "education" "on" "racial" "or" "ethnic" "grounds" "was" "the" "norm" "under" "the" "apartheid" "regime" "of" "South" "Africa" ";" "and" "women" "," "even" "though" "they" "sat" "exactly" "the" "same" "examinations" "as" "their" "male" "counterparts" "," "were" "not" "admitted" "to" "degrees" "at" "Cambridge" "University" "until" "December" "1947" "." "23" "Proposal" "for" "a" "Council" "directive" "implementing" "the" "principle" "of" "equal" "treatment" "between" "persons" "irrespective" "of" "racial" "or" "ethnic" "origin" "," "COM" "(" "1999" ")" "566" "final" "(" "‘" "the" "Commission" "Proposal" "’" ")" "," "p" "." "5" "." "24" "Regulation" "of" "the" "Council" "of" "15" "October" "1968" "on" "freedom" "of" "movement" "for" "workers" "within" "the" "Community" "(" "OJ" "," "English" "Special" "Edition" "1968" "(" "II" ")" "," "p" "." "475" ")" "," "repealed" "by" "Regulation" "(" "EU" ")" "No" "492" "/" "2011" "of" "the" "European" "Parliament" "and" "of" "the" "Council" "of" "5" "April" "2011" "on" "freedom" "of" "movement" "for" "workers" "within" "the" "Union" "(" "OJ" "2011" "L" "141" "," "p" "." "1" ")" "."


Input: "I" "note" "that" "that" "regulation" "served" "as" "inspiration" "for" "the" "Commission" "and" "its" "explanation" "of" "some" "of" "the" "terms" "used" "in" "Directive" "2000" "/" "43" ";" "Commission" "Proposal" "," "p" "." "7" "." "25" "See" "judgment" "of" "15" "March" "1989" "," "Echternach" "and" "Moritz" "," "389" "/" "87" "and" "390" "/" "87" "," "EU" ":" "C" ":" "1989" ":" "130" "," "paragraph" "33" "."


Input: "In" "a" "previous" "case" "also" "concerning" "Article" "12" "of" "Regulation" "No" "1612" "/" "68" "," "the" "Court" "held" "in" "the" "judgment" "of" "3" "July" "1974" "," "Casagrande" "," "9" "/" "74" "," "EU" ":" "C" ":" "1974" ":" "74" "," "paragraph" "7" "," "that" "‘" "integration" "presupposes" "that" "," "in" "the" "case" "of" "the" "child" "of" "a" "foreign" "worker" "who" "wishes" "to" "have" "secondary" "education" "," "this" "child" "can" "take" "advantage" "of" "benefits" "…" "relating" "to" "educational" "grants" "," "under" "the" "same" "conditions" "as" "nationals" "who" "are" "in" "a" "similar" "position" "’" "." "26" "Judgment" "of" "26" "February" "1992" "," "Raulin" "," "C" "‑" "357" "/" "89" "," "EU" ":" "C" ":" "1992" ":" "87" "," "paragraph" "34" "." "27" "Judgment" "of" "15" "March" "2005" "," "C" "‑" "209" "/" "03" "," "EU" ":" "C" ":" "2005" ":" "169" "," "paragraphs" "39" "to" "42" "."