10.12.2005   

EN

Official Journal of the European Union

C 315/10


Reference for a preliminary ruling from the Vestre Landsret, Denmark by order of that court of 5 October 2005 in Anklagemyndigheden v Uwe Kay Festersen

(Case C-370/05)

(2005/C 315/20)

Language of the case: Danish

Reference has been made to the Court of Justice of the European Communities by order of the Vestre Landsret, Denmark, of 5 October 2005, received at the Court Registry on 10 October 2005, for a preliminary ruling in the proceedings between Anklagemyndigheden and Uwe Kay Festersen on the following questions:

1.

Do Article 43 EC and Article 56 EC preclude a Member State from laying down as a condition for acquiring an agricultural property the requirement that the acquirer take up fixed residence on that property?

2.

Does it matter, as regards the answer to Question 1, that the property cannot constitute a self-sustaining unit and that the property's residential building is situated in an urban zone?