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BAföG now available for German residents abroad

The Administrative Court of Münster by Judgement 12th January 2010 ruled that the provisions of § 6 sentence 1 of the Federal Training Assistance Act (EED) that Germans can be made with permanent residence abroad, financial support for attending a local training facility only if justified by special circumstances of the case in this, of European law act and was therefore not apply.

The applicant lived since 2000 with his parents and siblings in France. In 2005 he applied to the responsible for this district Mainz-Bingen to grant him financial support to study medicine at a university in Paris. This request was rejected by the defendant on the ground: According to the Federal Training Assistance Act it is the legal rule, Germans do with permanent residence abroad, no promotion of training. The information required by the law an exception for special circumstances would be in case the applicant is not available.

now the Administrative Court in Münster but decided in favor of the plaintiff and awarded him a claim under this grant. In reasons for the decision of the Court states, inter alia:

The requirement of special circumstances of the case pursuant to § 6 sentence 1 BAföG interference in the loaned by the EC contract law for every citizen to move within the territory of the Member States and reside freely. For if the plaintiff in order to receive financial support for his studies in France without, from the start to a permanent residence in another EC country or a permanent resident of France to Germany to relocate. Such an approach would, however, for him to personal inconvenience, additional costs and possible delays connected. Hence the need for special circumstances of the case was likely, German from the outset to deter to travel to another EC Member State and to establish a permanent residence. Moreover, the restriction was likely to German citizens with permanent residence in another EC Member State will be held to continue to reside there. This was contrary to Community law is not justified. The Court of Justice, a Member State as part of its education funding system must ensure that the arrangements for the award of those grants the right to move within the territory of the Member States and reside freely, not unduly limited. A particular with the requirement of the particular case was in a proportionate way, the legitimate aim pursued but not apparent. The restriction was neither by the concern not to burden the public finances of charge, nor by any other purpose.

The decision is not yet final.

(Source: Press release Administrative Court Münster, Az: 6 K 2465/08)