Student D switches to a new degree program in the winter semester of 2019 after four semesters. She is able to transfer 1 ECTS credit from her previous program. She wishes to apply for a student grant for her second degree program and seeks advice from the Austrian National Union of Students (ÖH). Following a delayed change of program, there is a waiting period equal to the number of semesters completed in the previous program, which is shortened by credits transferred. Since the summer semester of 2020 in the previous program is considered “neutral,” Student D applies for a student grant at the start of the third semester of her new program—thus after a two-semester waiting period instead of three—and her application is denied.
The Student Grant Office justifies its rejection on the grounds that the waiting period is reduced only once 6 ECTS credits have been transferred, because the eligibility period for the new program is also shortened only if
at least 6 ECTS credits are transferred from the previous program.
The ÖH takes the view that the reduction in the eligibility period and the reduction in the waiting period are two distinct legal issues. The ÖH is supporting Student D in the following appeals against the authority’s decision. Ultimately, the legal issue will be brought before the Administrative Court (VwGH) as the court of last resort.
After two long years of proceedings, the Administrative Court has now ruled in favor of the student and upheld the legal position of the Austrian National Union of Students (ÖH) (Administrative Court decision of November 7, 2024, Case No. 2023/10/0024-7). Contrary to the authority’s view, the fact that the legislature does not take into account recognized academic achievements from prior studies of up to 5 ECTS credits when determining the duration of eligibility does not imply that this also applies to the issue of shortening the waiting period. Accordingly, while the recognition of 1–5 ECTS credits from prior studies does not yet lead to a reduction in the duration of eligibility in the new program, it does indeed lead to a reduction in the waiting period following a delayed change of program.
About four months after this Supreme Court ruling, the Student Aid Office reimburses the student for the student aid payments for the disputed semester. As a result, D receives a retroactive payment of approximately €5,000.
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