# C_2010080EN.01000401.xml

| 27.3.2010 | EN | Official Journal of the European Union | C 80/4 |
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27.3.2010

EN

Official Journal of the European Union

C 80/4

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Judgment of the Court (Third Chamber) of 11 February 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Fokus Invest AG v Finanzierungsberatung-Immobilientreuhand und Anlageberatung GmbH (FIAG)

(Case C-541/08) (1)

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(Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons - Article 25 of Annex I to the Agreement - Articles 63 TFEU and 64(1) TFEU - Free movement of capital - Company established under the law of a Member State, the shares of which are held by a company established under Swiss law - Purchase by the company of immovable property situated in that Member State)

2010/C 80/06

Language of the case: German

Referring court

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Fokus Invest AG

Applicant:

Defendant: Finanzierungsberatung-Immobilientreuhand und Anlageberatung GmbH (FIAG)

Defendant:

Re:

Re:

Reference for a preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Article 57(1) of the EC Treaty and of Article 25 of Annex I to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, signed at Luxembourg on 21 June 1999 (OJ 2002, L 114, p. 6) — Applicability to legal persons of the principle of equal treatment — National legislation establishing a system of prior authorisation in the case of acquisition of immovable property by a foreign national — Acquisition of immovable property by a domestic company all the shares in which are held by Swiss Companies

Operative part of the judgment

Operative part of the judgment

| 1. | Article 25 of Annex I to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, signed at Luxembourg on 21 June 1999, must be interpreted as meaning that the requirement of equal treatment with nationals in relation to the acquisition of immovable property applies only in relation to natural persons. |
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1.

Article 25 of Annex I to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, signed at Luxembourg on 21 June 1999, must be interpreted as meaning that the requirement of equal treatment with nationals in relation to the acquisition of immovable property applies only in relation to natural persons.

| 2. | Article 64(1) TFEU must be interpreted as meaning that the provisions of the Law of the province of Vienna on the purchase of immovable property by foreign nationals (Wiener Ausländergrunderwerbsgesetz) of 3 March 1998, which require foreign nationals, within the meaning of that law, when acquiring immovable property situated in the province of Vienna, to obtain authorisation in respect of that acquisition or else to produce a confirmation that the conditions laid down in that law for exemption from that requirement are satisfied, constitute a restriction on the free movement of capital which is permitted with regard to the Swiss Confederation as a third country. |
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2.

Article 64(1) TFEU must be interpreted as meaning that the provisions of the Law of the province of Vienna on the purchase of immovable property by foreign nationals (Wiener Ausländergrunderwerbsgesetz) of 3 March 1998, which require foreign nationals, within the meaning of that law, when acquiring immovable property situated in the province of Vienna, to obtain authorisation in respect of that acquisition or else to produce a confirmation that the conditions laid down in that law for exemption from that requirement are satisfied, constitute a restriction on the free movement of capital which is permitted with regard to the Swiss Confederation as a third country.

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(1)  OJ C 55, 07.03.2009.

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