In the same year, she launched claims for consideration of an educational grant in the UK, giving reasons that courses in genetics were not offered in her country Germany.
The application was rejected on ground that Ms. Morgan did not meet conditions on paragraph five, clause two that is 5(2) of the Federal Law on encouragement of Education and Training BAfOG. Ms. Morgan was denied grant, because she was not continuing her learning in another member state, studies initially pursued in Germany for at least one year. She had started her's in the UK and so, failed to satisfy that condition.
In the second case, Ms. Bucher began her studies in ergo-therapy in Netherlands, close to the German border. Living with her parents in Bonn, they moved to Duren, where she registered as her permanent residence before traveling to Heerlen for studies. Ms. Butcher applied for an educational grant to pursue training the Netherlands.
The application was rejected on condition that Ms. Bucher did not fulfill paragraph 5(1) of the BAfOG. It was alleged that Ms. Bucher established residence on the border to facilitate her training. Reason given for denial was, Ms. Bucher did not satisfy the conditions either on paragraph 5(1) of the BAfOG or those stated on 5(2). ...
Does the rights of movement allocate for citizens in the Union under Articles 17 EC and 18 EC the rights to deter a Member State, in a case like Ms. Morgan's and Bucher's, from awarding an education or training grant to its nationals for a course of study in other Member States on ground that the course does not reflect a continuation of studies pursued at an educational institutional in their national territory for at least one year
Secondly, does the freedom to move assure citizens of the Union under Articles 17 EC and 18 EC the denial to move to a Member State, in a case like Ms. Morgan's and Bucher's for an educational or training grant to its nationals, living on the borders to pursue their courses of study in a union's member state, on grounds that they are residing at the border to access or only for education or training purposes and the place of residence is not their permanent hometown
(c)How did the German government seek to justify its position in EU law
German government seek to justify its position in EU law by stating that both Ms. Morgan and Ms. Bucher did not satisfy conditions on several paragraphs on the BAfOG that is paragraph 5(2) in Ms. Morgan's row with the Regional Authority in case, C-11/06 and Ms. Butcher verses the Chief Officer of the District Authority of Duren where paragraphs 5(1) which states, 'An education or training grant shall be awarded to Germans students within the meaning of the Basic Law, where they attend an education or training establishment abroad each day from their permanent residence in Germany. The permanent residence within the meaning of this Law shall be established at the place which is the centre of interests, not