Opinion of Advocate General Darmon delivered on 14 July 1993

1 Original language: French.

2 On this point sec the order for reference II-l.

3 The preliminary questions arc set out at paragraph 6 of the report for the hearing.

4 Case 263/86 Belgian State v Humbel [1988] ECR 5365.

5 Paragraph 15.

6 Paragraph 17.

7 Paragraphs 18 and 19.

8 Paragraph 18.

9 Sec also the Opinion of Advocate General Sir Gordon Slynn in Humbel education provided by the State is not provided for remuneration. The State is not a commercial organization seeking a profit or indeed to recover its costs and break even [1988] ECR 5379.

10 See paragraph 10 of the judgment in Joined Cases 286/82 and 26/83 Luisi and Carbone v Ministero del Tesoro [19984] ECR 337: Article 60 fulfils the objective of liberalizing all gainful activity (...) (my emphasis).

11 See the observations of the United Kingdom, at paragraph 17, the Opinion of Advocate General Sir Gordon Slynn in Case 293/83 Gravier v City of Liège [1985] ECR 593, at page 603, and paragraph 20 of the Opinion of Advocate General Van Gcrvcn in Case C-19/92 Kraus v Land Baden-Wümenberg [1993] ECR I-1663.

12 Case 147/86 Commission v Greece [1988] ECR 1637.

13 Case 196/87 Steymann v Staatssecretaris van Justitie [1988] ECR 6159, at paragraph 16.

14 Sec references at note 10 above.

15 Paragraph 24, my emphasis.

16 OJ, English Special Edition 1963-1964, p. 25.

17 JO 1971 C 81, p. 5.

18 Paragraph 30.

19 Case 24/86 [1988] ECR 379, at paragraph 24. Sec also Case 242/87 Commission v Council-(Erasmus) [1989] ECR 1425, at paragraph 25.

20 Case 39/86 [1988] LCR 3161.

21 Paragraph 14.

22 Paragraph 15

23 Ibid These principles again stated in Case 197/86 Brown v Secretary of State for Scotland [1988] ECR 3205. paragraph 16 to 18.

24 OJ. English Special Edition 1968 (II), p. 475.

25 Case C 357/89 [1992] ECR 11027.

26 Paragraph 6.

27 See, for the latter, the reference at note 22 above.

28 Paragraph 29, my emphasis.

29 Sec the Opinion of Advocate General Van Gcrven in Rait lin at point 18. It is to be noted that Council Directive 9C/366/I.EC of 28 June 1990 on the right of residence for students, cited above, which was annulled by the Court in Case C 295/90 Parliament v Council [1992] ECR I 4193, but whose effects were maintained, docs not impose on the host Member State the obligations to pay maintenance grants to students who benefit from the riglu of residence (Article 3 and sixth recital in the preamble)

30 Paragraph 29 of its observations.

31 The question whether the rules in the BAföG for non-national in Germany arc compatible with Article 7 has not been referred to the Court.

32 Sec Joined Cases 286/82 and 26/83 Luisi and Carbone v Ministero del Tesoro [1984] ECR 377, paragraph 10, and Case 186/87 Cowan v Trésor Public [1989] ECR 195.

33 the provision of the Treaty on freedom to provide services cannot apply to activities whose relevant elements arc confined within a single Member State, Case 52/79 Procureur du Roi v Debauve [1980] ECR 833, at paragraph 9.

34 Sec paragraph 2.1.2 of the order for reference.

35 Sec reference at note 31 above.

36 Ibid.