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10.3.2007 |
EN |
Official Journal of the European Union |
C 56/9 |
Judgment of the Court (Third Chamber) of 25 January 2007 (reference for a preliminary ruling from the Vestre Landsret — Denmark) — Criminal proceedings against Uwe Kay Festersen
(Case C-370/05) (1)
(Freedom of establishment - Free movement of capital - Articles 43 EC and 56 EC - Restrictions on the acquisition of agricultural property - Requirement that the acquirer take up fixed residence on the agricultural property)
(2007/C 56/14)
Language of the case: Danish
Referring court
Vestre Landsret
Party to the main criminal proceedings
Uwe Kay Festersen
Re:
Reference for a preliminary ruling — Vestre Landsret — Interpretation of Articles 43 EC and 56 EC — National legislation under which the acquisition of an agricultural holding is conditional on taking up residence there
Operative part of the judgment
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1) |
Article 56 EC precludes national legislation such as that at issue in the main proceedings from laying down as a condition for acquiring an agricultural property the requirement that the acquirer take up fixed residence on that property. |
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2) |
That interpretation of Article 56 EC would not be different where the agricultural property acquired did not constitute a viable farm and the residential building was situated in an urban zone. |