Abstract

Findings of the Complaints Board
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6. The principle of sibling grouping has been an important feature of the rules governing the enrolment of pupils in the different Brussels European Schools since the creation of the Central Enrolment Authority in 2006.
However, on several occasions over the last decade, its scope has been limited. As explained in the relevant Guidelines, adopted annually by the Board of Governors, these changes were each time deemed necessary in view of the growing overcrowding of the European Schools in Brussels.
The Complaints Board’s case-law makes clear that it is open to the Central Enrolments Authority, which introduced the principle of sibling grouping into its rules, to limit the scope of application of this principle in certain situations provided that these limits are established in a proportionate manner, and under precise conditions, bearing in mind the balance which must be sought between the interests of the pupils and their families, on the one hand, and the interest of the organisation and management of the schools, on the other (see, for example, decision 23/11 of the 31st of August 2023, points 9 and 13).

8. As regards the principle of sibling grouping, the Complaints Board finds that the limitation of the principle in this case resulting from the application of the measure contained in Article 5.4 of the Enrolment Policy reflects a fair balance between the interests of the pupils and their families, on the one hand, and those of the organisation and management of the School, on the other and, consequently, cannot be considered to be disproportionate. It is always regrettable when siblings cannot be assigned to the same site of a School but it has to be recognized that the above measure is indeed necessary to achieve an important policy objective designed to alleviate the overcrowding problem at the Brussels schools, namely the consolidation of the nursery and primary cycles of some language sections of European School Brussels I at the Berkendael site.

9. Finally, the applicants’ argument according to which [A] would have had to have been awarded a place at the Uccle site if [B] was already there, in accordance with Article 8.2.1 of the Enrolment Policy, is based on a hypothetical factual situation which did not occur and is therefore not relevant to the legality of the contested decision.
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10. In conclusion, the Complaints Board finds that the Central Enrolment Authority acted in accordance with the applicable rules in assigning to the Berkendael site and that the examination of the arguments put forward in this case does not disclose an illegality affecting the relaxation of the principle of sibling grouping contained in Article 5.4 of the Enrolment Policy.
As mentioned above, at point 7, the Complaints Board notes the Schools’ undertaking that, for the 2024-2025 school year, the necessary practical solutions will be found to ensure that the Brussels I European School will be able to organize Maltese lessons for the pupils of both sites, in accordance with the Language Policy, and also recalls the undertaking given at the hearing to favour efficient and proportionate solutions in examining the different possibilities open to it.
For these reasons, the application must be dismissed.