Keywords
Summary

Keywords

1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - PRINCIPLE OF NON-DISCRIMINATION - SYSTEM OF COMPULSORY ACQUISITION BY PUBLIC BODIES

( EEC TREATY , ARTS 52 AND 222 )

2.FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - RESTRICTIONS - LEGISLATION GOVERNING THE OWNERSHIP OF LAND - LAND-OWNING COMPANY - RESIDENCE REQUIREMENT IMPOSED ON MEMBERS OF COMPANIES WHO ARE NATIONALS OF OTHER MEMBER STATES - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 52 )

Summary

1 . ALTHOUGH ARTICLE 222 OF THE TREATY DOES NOT CALL IN QUESTION THE MEMBER STATES ' RIGHT TO ESTABLISH A SYSTEM OF COMPULSORY ACQUISITION BY PUBLIC BODIES , SUCH A SYSTEM REMAINS SUBJECT TO THE FUNDAMENTAL RULE OF NONDISCRIMINATION WHICH UNDERLIES THE CHAPTER OF THE TREATY RELATING TO THE RIGHT OF ESTABLISHMENT .

2.ARTICLE 52 OF THE TREATY DOES NOT PREVENT A MEMBER STATE FROM MAKING EXEMPTION FROM COMPULSORY ACQUISITION MEASURES ADOPTED UNDER LEGISLATION GOVERNING THE OWNERSHIP OF RURAL LAND SUBJECT TO A REQUIREMENT THAT NATIONALS OF OTHER MEMBER STATES WHO HAVE TAKEN PART IN THE FORMATION OF A LAND-OWNING COMPANY RESIDE ON OR NEAR THE LAND , IF THAT RESIDENCE REQUIREMENT ALSO APPLIES TO NATIONALS OF THAT MEMBER STATE AND IF THE POWERS OF COMPULSORY ACQUISITION ARE NOT EXERCISED IN A DISCRIMINATORY MANNER .