42 "RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT Taken literally, the first paragraph of the circular of 29th August 1963 only applied to transmutation classes which have since disappeared by virtue of Section 22 of the Act of 30th July 1963. The second paragraph was, however, capable of a wider interpretation: it referred also to nursery classes, although there have never existed transmutation classes at the level of nursery education which is purely optional in Belgium. Furthermore, the circular of 29th August was addressed to all "the organising authorities of independent educational establishments" and no longer, as was that of 9th August, to "the heads of educational establishments which provide sotermed transmutation classes". Moreover the Commission is of the opinion that "since the continuance of preparatory classes means the loss of subsidies for the whole school", "the existence of a full system of education in a language other than that of the region" must without doubt, and indeed even more so, involve "the same penalty". The Belgian Government does not contest this assertion. On the contrary, its memorial of 9th May 1967 contains the following passage: "Ministerial circulars - in particular those of 9th and 29th August 1963 - drew the attention of headmasters of subsidised private schools to the fact that under the Act of 30th July 1963 the grant of subsidies was subject to their refraining from providing, in addition to education given in the regional language, parallel education given partly or entirely in another language. However, in primary education a transitional system of gradual abolition of the classes was permitted." From this the Court concludes that the withdrawal of subsidies is not applicable only to the case of the maintenance of transmutation classes, the closing of which the Act of 30th July 1963 must entail. It likewise observes that the measure in issue displays a permanent character: in the Dutchspeaking region, a "Dutch-language" school which opened classes either completely or partially in French at the nursery, primary or secondary level, would lose its right to subsidies; as regards the "bilingual" schools which, in the same region, formerly maintained such classes, they have been obliged to close them, or to split into two, in order to preserve the right to subsidies. 2. Arguments presented by the Applicants before or through the Commission 10. The Applicants, and especially those of Antwerp, Ghent and Vilvorde, are of the opinion that the withdrawal of subsidies constitutes one of the means utilised by the Belgian State to deprive French-speaking parents in Flanders, in effect, of the possibility of giving their children an education in French on the spot. This measure is in addition to the obstacles established by law (refusal of subsidies and refusal of homologation) and to