Opinion of the Advocate General — ECLI:EU:C:2017:410
Date: 2017-05-31
Language of the case: Hungarian
Subject matter: Free movement of capital
Procedure: Reference for a preliminary ruling
Origin: Hungary

Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 26 February 2016 — Günter Horváth v Vas Megyei Kormányhivatal (Case C-113/16) Language of the case: Hungarian Referring court Szombathelyi Közigazgatási és Munkaügyi Bíróság Parties to the main proceedings Applicant: Günter Horváth Defendant: Vas Megyei Kormányhivatal Questions referred Does legislation of a Member State such as that at issue in the main proceedings create a restriction contrary to Articles 49 and 63 of the Treaty on the Functioning of the European Union by making the continuance of rights of usufruct and use constituted over arable land subject to evidence of a close family link with the person who constituted those rights, so that, if the holder of the right of usufruct or use is unable to establish the close family link, his right is extinguished ex lege with no compensation? Having regard to Articles 49 and 63 of the Treaty on the Functioning of the European Union, are nationals of the Member State concerned affected to the same extent as nationals of the other Member States by legislation of a Member State such as that at issue in the main proceedings, which makes the continuance of rights of usufruct and use constituted over arable land subject to evidence of a close family link with the person who constituted those rights, so that, if the holder of the right of usufruct or use is unable to establish the close family link, his right is extinguished ex lege with no compensation? ____________