City’s Jean Monnet Chair in European Law mentioned in a case regarding Austrian legislation and the subsidisation of denominational private schools.
By Mr John Stevenson (Senior Communications Officer), Published
Jean Monnet Chair in EU Law, Professor Panos Koutrakos has been mentioned in the Opinion by Advocate General Nicholas Emiliou in Case C-372/21 Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR joined parties: Bildungsdirektion für Vorarlberg.
This case is a reference to the Court of Justice by the Austrian Supreme Administrative Court and concerns the application of the principles of free movement of services in a context where a religious society, established in an EU Member State, recognises as a denominational school a private institute in another Member State where it requests public funding.
Domestic law
The dispute centres on Austrian legislation which makes the subsidisation of denominational private schools subject to the recognition of the latter as a church or religious society under domestic law.
In his Opinion, delivered on 7th July 2022, Advocate General Emiliou referred to the analysis by Panos Koutrakos, titled, Healthcare as an economic service under EC law, published as a chapter in Dougan, M. and Spaventa, E. (eds), Social Welfare and EU Law (Hart Publishing, Oxford, 2005) pp. 105-130.