The Ninni – Orasche case concerns an Italian national married to an Austrian and legally residing in Austria since 1993. In March 1996 she began studying romance languages in Austria after having worked for two and a half months as a waitress in summer 1995. She was asking for study finance under the same conditions as Austrian citizens. This however was denied to her by the Austrian authorities.
In his opinion of 27 February 2003, Advocate General Geelhoed discussed whether she can, inter alia, derive such a right to study finance under the non-discrimination rules of EU citizenship, even though Directive 93/96/EC expressly denies access to maintenance grants. Advocate General Geelhoed made an extension of the Grzelczyk reasoning to the Ninni-Oraschce case. In his view:
“the principle of a minimum degree of financial solidarity can, in specific, objectively verifiable circumstances, create a right to equal treatment”.
The ECJ did not take over this reasoning but discussed the status of worker of Ninni – Orasche, which is not excluded by a short – term employment contract of limited duration.
