Sample Solution

under 21 years of age or such child of a spouse of a European Union citizen and;” (d) “a dependent direct relative in the ascending or descending line or any such relative of a spouse of a citizen of the European Union.” Maria specifically falls under the age of 21 of a spouse of an EU citizen and she is dependant on the descending line of her father who is the spouse of an EU citizen. Maria’s rights are considerably low as she is dependant on her father who is also dependant on Charlotte. The right in Article 24 (1) of the Directive 2004/38 to “reside on the basis of this directive in the host Member State and enjoy equal treatment of the nationals of that Member State” is extended to family members who have the right of residence which Maria does based on her dependency on Luis and Charlotte. This means it is within her rights to receive a maintenance grant as other British nationals in her position would. Article 24 (2) of the directive provides a derogation from the principle of equal treatment in regards to students. It states that Member States are not obliged to grant maintenance loans for studies unless the person is classed as worker or a person of such a persons family. She is defined as Charlottes family member who is an EU citizen and a worker in London so according to this Article of the directive it is within her rights to be eligible for the maintenance grant. In the case of Gravier additional fees for non-nationals fell within the scope of Article 18 on the basis that secondary law provisions provided support to Member States under Article 166 TFEU which allowed the court to apply Art. 18 TFEU . The requirement of 5 years of residency in the UK amounts to indirect discrimination to nationality in this case. This requirement largely impacts those citizens who move from other Member States which is also a fundamen