Order — ECLI:EU:C:2012:426
Date: 2012-07-06
Language of the case: Hungarian
Court formation: Seventh Chamber
Subject matter: Principles, objectives and tasks of the Treaties
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Hungary

Reference for a preliminary ruling from the Gyulai Törvényszék (Hungary) lodged on 13 January 2012 - HERMES Hitel és Faktor Zrt. v Nemzeti Földalapkezelő Szervezet (Case C-16/12) Language of the case: Hungarian Referring court Gyulai Törvényszék Parties to the main proceedings Applicant: HERMES Hitel és Faktor Zrt. Defendant: Nemzeti Földalapkezelő Szervezet Questions referred Must the principles of legal certainty and protection of legitimate expectations, which are considered to be fundamental principles of European Union law, be interpreted as meaning that they preclude a Member State from adopting provisions which vary the content of a contract concluded by a Member State, in its capacity as proprietor, to the detriment of the other party to the contract, classifying the object of the contract as non-transferable and thereby preventing the other party from exercising the rights derived from the contract? If the first question is answered in the affirmative, is the national court obliged, by the principle of sincere cooperation laid down by Article 4(3) of the Treaty on European Union and the case-law of the Court of Justice of the European Union, to disapply the domestic provision governing the legal position on non-transferability and declare the object of the contract transferable, contrary to the provisions of the national legislation? ____________