Case C-370/05: Judgment of the Court (Third Chamber) of 25 January 2007 (reference for a preliminary ruling from the Vestre Landsret — Denmark) — Criminal proceedings against Uwe Kay Festersen (Freedom of establishment — Free movement of capital — Articles 43 EC and 56 EC — Restrictions on the acquisition of agricultural property — Requirement that the acquirer take up fixed residence on the agricultural property)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: acquisition of property, agricultural real estate, application of EU law, interpretation of the law, residence

10.3.2007

EN

Official Journal of the European Union

C 56/9

Operative part of the judgment

Council Regulation (EC) No 1103/97 of 17 June 1997 on certain
provisions relating to the introduction of the euro and Council Regu-
lation (EC) No 974/98 of 3 May 1998 on the introduction of the
euro must be interpreted as precluding national legislation which, on
effecting the conversion into euros of an amount of a tax on flour,
meal and groats of common wheat supplied or used for human
consumption, such as that at issue in the main proceedings, raised it to
an amount higher than that which would have resulted from applica-
tion of the rules of conversion provided for in those regulations, unless
such an increase meets the requirements of legal certainty and transpar-
ency guaranteed by those regulations, which presupposes that the legis-
lative texts at issue make it possible to distinguish clearly the decision
of the authorities of a Member State to increase that amount from the
operation of conversion of that amount into euros. It is for the referring
court to determine whether that is so in the proceedings before it.

(1) OJ C 315, 10.12.2005.

Judgment of the Court (Third Chamber) of 25 January
2007 (reference for a preliminary ruling from the Vestre
Landsret — Denmark) — Criminal proceedings against
Uwe Kay Festersen

(Case C-370/05) (1)

(Freedom of establishment — Free movement of capital —
Articles 43 EC and 56 EC — Restrictions on the acquisition
of agricultural property — Requirement that the acquirer take
up fixed residence on the agricultural property)

(2007/C 56/14)

Language of the case: Danish

Referring court

Vestre Landsret

Party to the main criminal proceedings

Uwe Kay Festersen

Re:

Reference for a preliminary ruling — Vestre Landsret — Inter-
pretation of Articles 43 EC and 56 EC — National legislation
under which the acquisition of an agricultural holding is condi-
tional on taking up residence there

Operative part of the judgment

1) Article 56 EC precludes national legislation such as that at issue in
the main proceedings from laying down as a condition for acquiring
an agricultural property the requirement that the acquirer take up
fixed residence on that property.

2) That interpretation of Article 56 EC would not be different where
the agricultural property acquired did not constitute a viable farm
and the residential building was situated in an urban zone.

(1) OJ C 315, 10.12.2005.

Judgment of the Court (Second Chamber) of 18 January
2007 (reference for a preliminary ruling from the Conseil
d'Etat (France)) — Confédération générale du travail, CFDT
— Confédération française démocratique du travail,
Confédération française de l'encadrement (CGC), Conféd-
ération française des travailleurs chrétiens (CFTC), Conféd-
ération générale du travail — Force ouvrière v Premier
ministre, Ministre de l'Emploi, de la Cohésion sociale et du
Logement

(Case C-385/05) (1)

(Social policy — Directives 98/59/EC and 2002/14/EC —
Collective redundancies — Information and consultation of
employees — Method for calculating the thresholds of workers
employed — Member States' powers — Exclusion of
employees belonging to a certain age group)

(2007/C 56/15)

Language of the case: French

Referring court

Conseil d'Etat

Parties to the main proceedings

Applicants: Confédération générale du travail, CFDT — Conféd-
ération française démocratique du travail, Confédération fran-
çaise de l'encadrement
(CGC), Confédération française des
travailleurs chrétiens (CFTC), Confédération générale du travail
— Force ouvrière

Defendants: Premier ministre, Ministre de l'Emploi, de la Cohé-
sion sociale et du Logement

Re:

Reference for a preliminary ruling — Conseil d'Etat (France) —
Interpretation of Article 3(1) of Directive 2002/14/EC of the
European Parliament and of the Council of 11 March 2002
establishing a general framework for informing and consulting
employees in the European Community (OJ 2002 L 80, p. 29),
and of Article 1 of Council Directive 98/59/EC of 20 July 1998
on the approximation of the laws of the Member States relating
to collective redundancies (OJ 1998 L 225, p. 16) — Obligation
on undertakings to inform and consult employees where the
number of
their employees exceeds a certain threshold —
legislation excluding from the calculation of staff
National
numbers employees aged under 26