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Publishers Abstract:
This case note will not only discuss the current judgment, which addressed the Austrian admission criteria; it will also study the new legal situation in Austria which resulted from the ECJ's judgment and will question its legitimacy in the light of already established principles in this field. This case note concludes that the replacement of the unlawful 'country of origin' principle for university admission in Austria with a quota system which reserves 75% of the study places for students holding an Austrian university admission diploma is in breach of the EC Treaty. Generally, it is necessary for Member States to become aware of the fact that in a common market, where people move around, it will always be the case that a Member State pays for a person's education without necessarily harvesting the fruit.
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