Refusal of student transport grant by Dutch administration

La solicitud fue exitosa.

Dear Internal Market, Industry, Entrepreneurship and SMEs,
I am a young student at the University of Utrecht in the Netherlands. In the past year, I have filed 3 requests to get a student transport card that would enable me to commute for free (Studentreisproduct). This request has been refused 3 times to me. According to the common market and EU rules, I am convinced that I am entitled to this benefit and that the Dutch government is not allowed to discriminate between Dutch Nationals and European students.

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information: the rules guaranteeing equal rights for all students in the EU regardless of their nationality; the common market rules allowing me to claim this product in the name of non discrimination within the EU.

Thank you very much!

Yours faithfully,

Tommaso Tulkens

GROW-ACCES-DOCUMENTS@ec.europa.eu, Mercado Interno, Industria, Emprendimiento y PYMEs

Dear Sir,

Thank you for your email. We would like to inform you that, given the scope of your request we have referred your question to Your Europe Advice which has provided us with its advice summarised below.

Your question can be simplified as follows: You are a foreign European student who is currently studying in the Netherlands. You wish to obtain the free public transportation for students in the Netherlands, the so-called 'Duo studentenreisproduct'.

The 'Duo Studentenreisproduct' is part of the Dutch grants and loans system for students. According to article 24 of Directive 2004/38/EC, all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty.

However, article 24(2) of this Directive excepts maintenance aid in the form of grants or loans to persons other than workers or self-employed. The host country, in this case the Netherlands, is not obliged to grant maintenance aid for studies, in the form of a scholarship or – loan, which includes the DUO Studentenreisproduct. Therefore, the Dutch authorities are free to impose restrictions and conditions on non-Dutch citizens with regard to grants and loans.

You'll find Directive 2004/38 here: https://eur-lex.europa.eu/legal-content/...

Article 24(2): By way of derogation from paragraph 1, the host Member State shall not be obliged to confer entitlement to social assistance during the first three months of residence or, where appropriate, the longer period provided for in Article 14(4)(b), nor shall it be obliged, prior to acquisition of the right of permanent residence, to grant maintenance aid for studies, including vocational training, consisting in student grants or student loans to persons other than workers, self-employed persons, persons who retain such status and members of their families.

The Dutch DUO conditions for foreign students are as follows:
Foreign students can receive a student grant or a loan if they meet one of the following conditions:

1)- He/she lives in the Netherlands and has been living the Netherlands for a continuous period of 5 years or more.

2)- He/she has moved to the Netherlands to work. This must be for a minimum of 56 hours per month.

3)- His/her non-Dutch parent or partner has the nationality of an EU/EEA country or
Switzerland and works or has worked in the Netherlands for at least 56 hours per month.

We are sorry to inform you that if you do not meet any of the above-mentioned conditions, you will not be able to obtain the 'DUO studentenreisproduct'.

More information on this can be found on the website of DUO: https://duo.nl/particulier/student-finan...

We hope this answers your question. If you have a new inquiry, additional questions relating to this case or if you want to provide us with additional information, please feel free to contact us again. Please use the YEA web form (http://ec.europa.eu/eu-rights/enquiry-co...) in order to do so.

In case of a follow up to a previous inquiry, please provide us with the original case reference number.

Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Yours sincerely,

DG GROW

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs
DG  GROW/B1 – Planning and Briefings

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