Judgment — ECLI:EU:C:2026:255
Date: 2026-03-26
Language of the case: Dutch
Court formation: Eighth Chamber
Procedure: Reference for a preliminary ruling
Origin: Belgium

Request for a preliminary ruling from the Grondwettelijk Hof (Belgium) lodged on 29 January 2025 – Fremoluc NV, Association de Promotion des Droits Humains et des Minorités ASBL v Vlaamse Regering (Case C-58/25, Fremoluc and Association de Promotion des Droits Humains et des Minorités) Language of the case: Dutch Referring court Grondwettelijk Hof Parties to the main proceedings Applicants: Fremoluc NV, Association de Promotion des Droits Humains et des Minorités ASBL Defendant: Vlaamse Regering Questions referred Must Articles 107(1) and 108(3) of the Treaty on the Functioning of the European Union be interpreted as meaning that a measure such as that set out in Article 10 of the Decree of the Flemish Region of 23 June 2023 ‘on living in one’s own region’ constitutes new State aid which should have been notified to the European Commission? If the Grondwettelijk Hof (Constitutional Court, Belgium) were to conclude, on the basis of the answer to the first question referred for a preliminary ruling, that the aforementioned Decree of the Flemish Region of 23 June 2023 infringes the obligations arising from the provisions mentioned in that question, would it definitively be able to maintain the effects of the aforementioned Decree in order to respect the legitimate expectations of individuals who have acquired a piece of land or a dwelling pursuant to that Decree and to avoid the legal uncertainty that the retroactive effect of the annulment of that Decree could entail for those individuals, which could, in particular, adversely affect their housing situation? ____________