1.

Must Article 63 TFEU be interpreted as precluding a provision of national law, such as Paragraph 6(3) of the Tiroler Grundverkehrsgesetz 1996 (Tyrol Law on the transfer of land; ‘the TGVG 1996’), (1) under which the acquisition of rights in agricultural land by a farmer within the meaning of Paragraph 2(5)(a) is only to be authorised by the land transfer authority if the acquisition of rights is not contrary to the principles set out in Paragraph 1(1)(a) and the acquirer of rights shows that he or she is co-farming the agricultural land in a sustainable and proper manner as part of his or her establishment?

2.

If the answer to this question is in the affirmative: Does an objectively comparable situation exist between, on the one hand, a farmer whose agricultural establishment is located in close proximity to the land being acquired and who intends to co-farm that land as part of his or her establishment, and, on the other, a farmer whose agricultural establishment is not located in (in agricultural terms reasonable) close proximity to the land being acquired and who does not intend to co-farm that land as part of his or her establishment in order to contribute to the maintenance of his or her establishment, but who leaves the land concerned to local farmers to farm under a lease or, for an indefinite period, under precaria, in which case the authorisation of the land transfer authority would have to be refused under national law?

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