"Les étudiants étrangers victimes de discrimination" en Autriche et en Belgique[en] 

The Commission has launched infringement procedures against Austria and Belgium to clarify whether their national higher-education legislation treats foreign and national students equally and are compatible with the EU's legislation on free movement of students. The first stage of the procedure was launched on 24 January 2007 with the sending of 'letters of formal notice', to which the member states need to respond within two months.

The Belgian case concerns the foreign student quota, introduced by the Parliament of the French-speaking community of Belgium, limiting the number of foreign students, mainly French, to 30% in a number of subjects. The law entered into force on 1 September 2006.

The Austrian case is somewhat different. The country's legislation requires that the holders of secondary-education diplomas from other member states have to prove that they have met conditions governing access to higher education in their home country, such as passing entrance exams, before being able to enter an Austrian university. The conditions of access are therefore not the same for an Austrian and a foreign student.

The Commission had already taken legal action and the European Court of Justice (ECJ) judged, in 2005, that this legislation discriminated students from other EU member states. Following the ECJ's decision, Austria provisionally amended the relevant legislation, but reintroduced the restrictions in June 2006.

According to a statement, "the Commission recognises the sensitivity of the issue of access to universities in various member states", but in the case of no response to its 'letters of formal notice', the Commission will send member states a second demand for action, 'a reasoned opinion'. If this reminder is ignored as well, the Commission can take the countries to Court.