Europa 1. Courses given in an establishment of higher education which is financed essentially out of public funds do not constitute services within the meaning of Article 60 of the EEC Treaty. Under the first paragraph of Article 60 of the Treaty, the chapter on services covers only services normally provided for remuneration. The essential characteristic of remuneration, which lies in the fact that it constitutes consideration for the service in question, is absent in the case of courses provided in an establishment of higher education which is financed out of public funds and where students pay only enrolment fees. Conversely, courses given in an establishment of higher education which seeks to make an economic profit and which is financed essentially out of private funds, particularly out of payments made by students or their parents, do constitute services within the meaning of Article 60 of the Treaty. 2. Where the courses concerned are followed in an establishment whose activities do not constitute services within the meaning of Article 60 of the Treaty, Articles 59 and 62 of the Treaty do not preclude a Member
Citations:
C-109/92, [1993] EUECJ C-109/92
Links:
Statutes:
European, Education
Updated: 01 June 2022; Ref: scu.160907
