C-24/86

As in Case 309/85 Barra and Others v Belgian State and City of Liège [1988] ECR 355, this reference for a preliminary ruling The plaintiffs followed preliminary diploma is made by the President of the tribunal de courses at one or other of the defendant première instance at Liège in proceedings in universities for which they were required to which the plaintiffs are 17 French nationals pay a foreign student's enrolment fee (a who have followed courses of study in 'minervai'). Belgium offered by one or other of the four defendants, the University of Liège, the Catholic University of Louvain, the Free University of Brussels and the University Centre of Notre Dame de la Paix at Namur. The principal difference from the Barra case Immediately following the judgment in is that the plaintiffs in these proceedings Gravier, the plaintiffs sought recovery of the attended, not technical colleges, but univer­ minervai they had paid in interlocutory sities. There is an issue between the parties proceedings begun in April 1985. as to whether their studies constitute voca­ Apparently the proceedings were suspended tional training which falls within the scope on account of the proposed changes to of application of the EEC Treaty so that Belgian legislation embodied in what they can rely on Article 7 of that Treaty. became the 1985 Law, set out in my Opinion in Case 293/85 Commission v Belgium [1988] ECR 305, the 'direct action' and which I do not repeat here. I use the same abbreviations in this opinion as in the direct action. In Belgium, veterinary studies are divided into two three-year periods, the first, known as the 'candidature', leading to a preliminary diploma and the second leading to a doctorate. Of the defendant univer­ sities, only Liège offers the doctorate The national proceedings were resumed course. Liège, Louvain and Namur offer the after the 1985 Law had been passed. The preliminary diploma course and Brussels President of the tribunal de première offers a first-year grounding in medical instance at Liège seeks the ruling of the science after which students may go Court on the compatibility with Community elsewhere to complete their studies for the law of certain provisions of the 1985 Law, preliminary diploma. A student who obtains in particular Article 63, and also on the his doctorate is entitled without more to be question whether the courses followed by

As the Belgian Government and the It is suggested that the course for the Commission observe, the question referred preliminary diploma is not vocational to the Court in fact covers two issues. They training because it does not entitle the are, first, whether university courses in holder directly to practise. If, as I veterinary medicine may fall within the defi­ understand it, this course is a necessary nition of vocational training and, second, if prerequisite to the doctorate course and so, whether Article 63 of the 1985 Law can prepares for it, in my view it is to be operate to limit reliance on the principle of regarded as an integral part of the voca­ Community law laid down in Gravier that a tional training course. The course is Member State may not impose conditions designed for that purpose, including both on access to vocational training which theoretical and practical instruction, and discriminate between its own nationals and indeed includes subjects which are covered Community students. by the Council directive on mutual recog­ nition of diplomas in veterinary medicine (Council Directive 78 / 1026 / EEC , Official Journal 1978, L 362, p. 1). The fact that some students may stop after the diploma course (if that in fact happens) does not Similar issues arose in the direct action, and prevent the course, as an integral part of the effect of Article 63 was also debated at preparing for the veterinary profession, length in the Barra case. from itself being vocational training and the intentions of the particular student are not significant.

Accordingly, in my view the questions referred fall to be answered on the following lines:

'A university course may constitute vocational training in respect of which Member States may not impose conditions of access which discriminate on grounds of nationality if it is specifically designed to prepare for a qualification, or to provide the necessary training and skills, for a particular profession, trade or employment, even if it includes an element of general education.'

I feel it is right to limit the effect of the judgment in this case in the way which I have indicated.

The costs of the parties to the national proceedings fall to be dealt with by the national court. Those of the Commission and the United Kingdom are not recoverable.