CELEX: C2007/056/14
Language: en
Date: 2007-03-10 00:00:00
Title: 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)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/9
            
         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 — Interpretation of Articles 43 EC and 56 EC — National legislation under which the acquisition of an agricultural holding is conditional 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.