The renowned Austrian law firm CHSH has represented in proceedings before the Administrative Court two appellants who challenged the existing practice where family allowance is – as it were – notionally deducted by authorities when calculating the financial aid for higher education studies granted to foreign students studying in Austria. This has frequently resulted in a significant reduction in financial aid granted to students.
The Administrative Court has now ruled that this is unlawful. Family allowance may be deducted for the purpose of calculating financial aid for higher education studies only if the person seeking such financial aid is actually able to receive family allowance. A complex legal situation preceded the legal dispute that also included aspects of European Union law. "The findings of the Administrative Court have now clarified that only family allowance actually received, both in the case of foreign and Austrian students, may be taken into account when calculating financial aid for higher education studies", explained Stefan Huber, partner at CHSH responsible for public law, who dealt with the proceedings on behalf of the Austrian National Union of Students.
"This success underscores our expertise as the leading legal adviser and representative in all areas of the law governing universities and further education", continued Huber, who has achieved much success in proceedings relating to the law governing universities (such as, for instance, the abolition by the Constitutional Court of the provisions on tuition fees).
The team at CHSH consisted of Stefan Huber and Eugenio Gualtieri (legal associate).