«(Free movement of capital – Article 73b of the EC Treaty (now Article 56 EC) – Prior authorisation procedure for the acquisition of building plots – Purely internal situation – Article 70 of the Act of Accession of the Republic of Austria – Concept of existing legislation – Point 1(e) of Annex XII to the EEA Agreement)»

1.. Preliminary rulings – Jurisdiction of the Court – Limits – Manifestly irrelevant question (Art. 234 EC)

2.. EC Treaty – Property regimes – Principle of neutrality – Limits – Subject to the fundamental rules of the Treaty – National legislation regulating the acquisition of land – Compliance with the provisions on the free movement of capital (EC Treaty, Arts 73b and 222 (now Art. 56 EC and Art. 295 EC))

3.. Free movement of capital – Restrictions on the acquisition of immovable property – System of prior authorisation for the acquisition of building plots – Not permissible – Whether justifiable – No justification – Authorisation under the transitional measures of the 1994 Act of Accession concerning Austria – To be determined by the national court (EC Treaty, Art. 73b (now Art. 56 EC); 1994 Act of Accession, Art. 70)

4.. Preliminary rulings – Jurisdiction of the Court – Limits – Interpretation of the Agreement on the European Economic Area as regards its application in the States belonging to the European Free Trade Association – Excluded (Art. 234 EC; EEA Agreement)

JUDGMENT OF THE COURT (Sixth Chamber) 15 May 2003 (1)

((Free movement of capital – Article 73b of the EC Treaty (now Article 56 EC) – Prior authorisation procedure for the acquisition of building plots – Purely internal situation – Article 70 of the Act of Accession of the Republic of Austria – Concept of existing legislation – Point 1(e) of Annex XII to the EEA Agreement))

In Case C-300/01,

REFERENCE to the Court under Article 234 EC by the Landesgericht Feldkirch (Austria) for a preliminary ruling in the land registration case brought before that court by

on the interpretation of Article 73b of the EC Treaty (now Article 56 EC) and of point 1(e) of Annex XII to the Agreement on the European Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3),

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet (Rapporteur), President of the Chamber, R. Schintgen, V. Skouris, F. Macken and J.N. Cunha Rodrigues, Judges,

Advocate General: P. Léger,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Ms Salzmann, represented by W.L. Weh, the Austrian Government, represented by P. Kustor and H. Kraft, acting as Agents, and the Commission, represented by G. Braun and M. Patakia, at the hearing on 24 October 2002,

after hearing the Opinion of the Advocate General at the sitting on 30 January 2003,

gives the following

Community law

National law

...

Admissibility

Substance

On those grounds,

THE COURT (Sixth Chamber),

in answer to the questions submitted to it by the Landesgericht Feldkirch by order of 10 July 2001, hereby rules:

Puissochet

Schintgen

Skouris

Macken

Cunha Rodrigues

Delivered in open court in Luxembourg on 15 May 2003.

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber