Keywords
Summary

Keywords

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Free movement of persons - Workers - Freedom of establishment - Freedom to provide services - National legislation discriminating against nationals of other Member States in regard to the acquisition and enjoyment of rights in immovable property - Unlawful

( EEC Treaty, Arts 48, 52 and 59; Regulation No 1612/68 of the Council, Art . 9 )

Summary

Restrictions applied by a Member State to nationals of other Member States in regard to the acquisition and enjoyment of rights in immovable property are contrary to Articles 48, 52 and 59 of the Treaty .

In the first place, in regard to workers, access to housing and ownership of property, provided for in Article 9 of Regulation No 1612/68, is the corollary of freedom of movement and is for that reason covered by the prohibition of discrimination laid down in Article 48 of the Treaty .

In the second place, with regard to freedom of establishment, the prohibition of discrimination on grounds of nationality laid down in Article 52 of the Treaty is concerned not solely with the specific rules on the pursuit of an occupation but also with the rules relating to the various general facilities which are of assistance in the pursuit of that occupation, with the result that it applies to the acquisition and use of immovable property .

Finally, with regard to freedom to provide services, access to ownership and the use of immovable property is guaranteed by Article 59 of the Treaty to the extent that, as in the case of immovable property from which or in which a service is provided, such access is appropriate to enable that freedom to be exercised effectively and may not be subject to discriminatory restrictions .