Bressol and others v Gouvernement de la Communaute francaise Chaverot and others v Gouvernement de la Communaute francaise C-73/08, [2010] All ER (D) 48 (Apr)
Articles 18 and 21 of the Treaty on the Functioning of the European Union precluded national legislation which limited the number of non-resident students who might enrol for the first time in medical and paramedical courses at higher education establishments, unless the referring court, having assessed all the relevant evidence submitted by the competent authorities, found that that legislation was justified in the light of the objective of protection of public health.
A difference in treatment based indirectly on nationality might be justified by the objective of maintaining a balanced high-quality medical service open to all, in so far as it contributed to achieving a high level of protection of health. It was for the competent national authorities, where they adopted a measure derogating from a principle enshrined by European Union Law, to show in each individual case that that measure was appropriate for securing the attainment of the objective relied upon and
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