Komboa
The adopted African son of Richie and Maddie, Komboa has been settled at a school in Paris. Maddie had applied for a place for him at the after-school club, but was refused a place on the grounds that priority is given to children of working French parents. Thus, Komboa’s parents should be advised on his rights as their “child” (even if adopted).
Like Maddie, Komboa is not an EU citizen and so too cannot enjoy the rights of free citizenship and the relevant provisions to this end (Articles 20-21 TFEU), therefore his rights will have to derive from his adopted German father (Richie). It must be noted that this question does not clarify his age, although on the facts of the case it appears that he is still a minor but old enough for him to attend school.
The first issue they must consider is
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funding). This is to ensure that the child “may take advantage on an equal footing of the education and training facilities available” (Casagrande). Here, Komboa’s working parent is currently employed and so he can rely on Article 10 to enforce his rights, although it is not sure whether an after-school club would count as part of the educational courses under the provision. For that, CJEU would have to interpret Article 10 and expand the Casagrande ruling in a way that would make it possible for it to be included.
The word “children” does not restrict to workers’ biological children, but can also include step-children and even adopted children (Baumbast, Alarape). There is also no age restriction on the child for the purposes of Article 10 (Gaal). Furthermore, it is irrelevant that the working parent has since died, retired or moved, provided that he/she is or has been employed at one point in the State providing the education, which happens to be the case here with his adopted father currently employed in
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