Abstrakt
In accordance with the Directive 2004/38/EC, the Member States are not entitled to grant the Union citizen the maintenance aid for studies prior the acquisition of the right of permanent residence permit. Such entitlement does not concern workers, self-employed persons, persons who retain such status and members of their families.
The paper deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker and thus claim the maintenance aid for studies as of the commencement of their studies. In what way can this practice be considered as an abuse of right under the Directive 2004/38/EC? What does the Court rule?