The Court of Justice of the European Union has ruled that Belgium cannot place a student in its non-resident quota for medical studies solely because the student lives across the border when years of education establish a genuine connection to Belgium.
The preliminary ruling arose from the case of Axel Dris, a Luxembourg national who lives in Luxembourg but completed his secondary education and obtained his diploma in Arlon, Belgium. He passed Belgium’s entrance examination for medical and dental studies in 2022, yet did not receive the certificate needed to enrol because his ranking was assessed within the quota reserved for non-residents.
The court accepted that member states retain authority over the organisation of education and may pursue the protection of public health. Belgium argued that limiting non-resident admissions helps maintain a sufficient supply of health professionals likely to practise in the French Community. That objective can justify differential treatment, the judges said, but the means must remain proportionate.
A rule based exclusively on residence failed that test. Completing a substantial part of one’s education in a member state, earning a secondary diploma there and forming social ties through school may establish a real and effective connection that the national system must be able to consider. Residence in another member state does not erase it.
The ruling does not enrol Dris directly. Belgium’s Council of State must resolve his challenge in line with the Court of Justice’s interpretation, which will also guide similar quota disputes elsewhere in the Union.
Official Court of Justice press release and judgment summary
