Source: All England Reporter
Publisher Citation: [2002] All ER (D) 34 (Mar)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Colneric (President of the Second Chamber, acting for the President of the Sixth Chamber), Gulmann, Puissochet (Rapporteur), Schintgen and Skouris.

Judgment Dates: 5 March 2002

Catchwords

European Community - Free movement of capital - National measures on transfer of capital relating to building plots - National law requiring prior notification and authorisation for the acquisition of building plots - Whether measures precluded by Community requirement to abolish restrictions on capital movements - Whether measures impeding free movement of capital - Articles 56 EC, 57 EC, 58 EC, 59 EC and 60 EC (formerly EC Treaty, arts 73b, 73c, 73d, 73f and 73g).

The Case

On an application to the Court of Justice of the European Communities for a preliminary ruling on questions relating to the compatibility of Austrian measures imposing a prior notification and authorisation procedure on the transfer of capital on building plots, the Court ruled that arts56 EC to 60 EC did not preclude a prior notification procedure, but did preclude a prior authorisation procedure.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.