French student Dany Bidar had attended high school in England since 1998 and started at University College London in 2001. At that time, he requested a scholarship. Although he did get a student grant for his tuition fees, a loan application for his living expenses was rejected. Bidar sued the government for discriminating against his nationality. He won the case.
The court decided Bidar has a `real connection' with England. On that ground, the court decided he may not be refused a loan. However, the court fails to specify what exactly a `real connection' is.
This makes the consequences to the Dutch government unclear. It does not mean just any Italian or Polish student will be able to receive a scholarship from the Dutch government. They do not have a `real connection' unless they have been a legal resident of the country for some time. However, according to a spokesperson for the European Court of Justice, some students whose applications have previously been rejected may be able to demand a student grant retroactively.
Trans. Jeroen Latour
