# C_2020137EN.01003601.xml

| 27.4.2020 | EN | Official Journal of the European Union | C 137/36 |
| --- | --- | --- | --- |

27.4.2020

EN

Official Journal of the European Union

C 137/36

---

Request for a preliminary ruling from the Tribunal Superior de Justicia de Andalucía (Spain) lodged on 27 January 2020 — ZP v Delegación del Gobierno en Melilla

(Case C-38/20)

(2020/C 137/49)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Andalucía, Ceuta y Melilla

Parties to the main proceedings

Applicant: ZP

Defendant: Delegación del Gobierno en Melilla

Questions referred

| 1. | Are Articles 18, 49, 63 and 65 TFEU to be construed as precluding national legislation such as that made up of Articles 18, 4 and 29 of Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, and Article 37 of Royal Decree 689/1978 of 10 February 1978 laying down the rules governing areas and facilities of national defence interest, which implements Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, in so far as it imposes serious restrictions on the exercise of the right to own property by foreign nationals, including the requirement to obtain military authorisation in order to exercise that right in full, failure to comply with which attracts the imposition of an administrative penalty from the application of which Spanish nationals are excluded in any circumstances, in the case where such restrictions are imposed on third-country nationals engaging in activities subject to limitations in conjunction with nationals of the European Union? |
| --- | --- |

1.

Are Articles 18, 49, 63 and 65 TFEU to be construed as precluding national legislation such as that made up of Articles 18, 4 and 29 of Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, and Article 37 of Royal Decree 689/1978 of 10 February 1978 laying down the rules governing areas and facilities of national defence interest, which implements Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, in so far as it imposes serious restrictions on the exercise of the right to own property by foreign nationals, including the requirement to obtain military authorisation in order to exercise that right in full, failure to comply with which attracts the imposition of an administrative penalty from the application of which Spanish nationals are excluded in any circumstances, in the case where such restrictions are imposed on third-country nationals engaging in activities subject to limitations in conjunction with nationals of the European Union?

| 2. | If the answer to the foregoing question is in the affirmative, are Articles 18, 49, 63 and 65 TFEU to be construed as precluding national legislation such as that made up of Articles 18, 4 and 29 of Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, and Article 37 of Royal Decree 689/1978 of 10 February 1978 laying down the rules governing areas and facilities of national defence interest, which implements Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, in so far as it imposes serious restrictions on the exercise of the right to own property by foreign nationals, including the requirement to obtain military authorisation in order to exercise that right in full, failure to comply with which attracts the imposition of an administrative penalty from the application of which Spanish nationals are excluded in any circumstances, if such restrictions are justified on overriding reasons in the general interest relating to national defence, regard being had exclusively to the significance of the public interest in relation to national defence that lies in safeguarding enclaves of particular strategic importance? |
| --- | --- |

2.

If the answer to the foregoing question is in the affirmative, are Articles 18, 49, 63 and 65 TFEU to be construed as precluding national legislation such as that made up of Articles 18, 4 and 29 of Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, and Article 37 of Royal Decree 689/1978 of 10 February 1978 laying down the rules governing areas and facilities of national defence interest, which implements Law 8/1975 of 12 March 1975 on areas and facilities of national defence interest, in so far as it imposes serious restrictions on the exercise of the right to own property by foreign nationals, including the requirement to obtain military authorisation in order to exercise that right in full, failure to comply with which attracts the imposition of an administrative penalty from the application of which Spanish nationals are excluded in any circumstances, if such restrictions are justified on overriding reasons in the general interest relating to national defence, regard being had exclusively to the significance of the public interest in relation to national defence that lies in safeguarding enclaves of particular strategic importance?

---