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Document C2004/190/10

    Case C-213/04: Reference for a preliminary ruling by the Oberster Gerichtshof (Supreme Court) by order of that court of 29 April 2004 in the case of Ewald Burtscher against Josef Stauderer

    OJ C 190, 24.7.2004, p. 6–6 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    24.7.2004   

    EN

    Official Journal of the European Union

    C 190/6

    Reference for a preliminary ruling by the Oberster Gerichtshof (Supreme Court) by order of that court of 29 April 2004 in the case of Ewald Burtscher against Josef Stauderer

    (Case C-213/04)

    (2004/C 190/10)

    Reference has been made to the Court of Justice of the European Communities by order of the Oberster Gerichtshof (Supreme Court), Austria, of 29 April 2004 received at the Court Registry on 19 May 2004, for a preliminary ruling in the case of Ewald Burtscher against Josef Stauderer on the following question:

    Should Article 56 EC be interpreted as precluding national legislation (Vorarlberger Grundverkehrsgesetz (Vorarlberg Land Transfer Law)) by which, in the case of a land purchase transaction that does not require the authorisation of the land transfer authority, failure by the acquirer to declare by the due date that the land is built on, that the acquisition is not for holiday purposes, and that he is, or should be treated as, an Austrian national, results in the retrospective invalidity of the transaction?

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