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Parliamentary questions
PDF 104kWORD 18k
23 November 2017
Question for written answer E-007227-17
to the Commission
Rule 130
Christel Schaldemose (S&D) , Bendt Bendtsen (PPE) , Ole Christensen (S&D)

 Subject:  Cross-border recovery of student debt
 Answer in writing 

The EU Court of Justice’s ruling in Case C-46/12 indicates that students who are EU citizens are entitled to a so-called SU student loan (under the Danish Education Grant and Loan Scheme), if the student during his/her study period in Denmark is pursuing effective and genuine employment activities for a minimum of 10 weeks (C-413/01) at 10-12 hours per week (C-139/85 and C-444/93).

The SU student loan is optional, but it is regulated by Danish law and the terms of the loan are set by the state. Thus the Danish state is the debt provider.

The European Commission’s answer to Question E-005877/2017 gives us the impression that the Danish state can obtain assistance from other EU Member States, pursuant to Regulation (EU) No 1215/2012, in recovering the aforementioned student loans from students from EU countries who have moved to another EU country.

However, according to several Danish experts (see annex), Regulation (EU) No 1215/2012 does not apply to public debt.

On what grounds does the Commission consider that public student loans should be regarded as civil claims, and that the Danish state can recover the loans according to Regulation (EU) No 1215/2012?

If the Commission, in the light of the above information, does not regard such SU loans to be civil claims, how then does the Commission consider that Denmark will be able to recover debt from EU citizens?

Is the Commission aware of any other Member States experiencing similar problems in recovering debt from EU citizens, because the debt was not covered by Directive No 2010/24/EU?

Original language of question: DA 
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