«(Free movement of capital – Article 73b of the EC Treaty (now Article 56 EC) – Article 40 of and Annex XII to the EEA Agreement – Prior authorisation procedure for the acquisition of agricultural and forestry plots – Permissibility – Conditions)»

1.. Free movement of capital – Restrictions on the acquisition of agricultural and forestry plots placed on nationals of Member States of the European Economic Area – Assessment in the light of the Agreement on the European Economic Area – Legal scope identical to that of Community provisions (EC Treaty, Art. 73b (now Art. 56 EC); EEA Agreement, Art. 40 and Annex XII)

2.. Free movement of capital – Restrictions on the acquisition of immovable property – System of prior authorisation for the acquisition of farmland – Whether permissible – Limits – Conditions as to residence and involvement in farming not permissible (Arts 73b, 73c, 73d, 73f, and 73g of the EC Treaty (now Arts 56 EC, 57 EC, 58 EC, 59 EC and 60 EC))

JUDGMENT OF THE COURT 23 September 2003 (1)

((Free movement of capital – Article 73b of the EC Treaty (now Article 56 EC) – Article 40 of and Annex XII to the EEA Agreement – Prior authorisation procedure for the acquisition of agricultural and forestry plots – Permissibility – Conditions))

In Case C-452/01,

REFERENCE to the Court under Article 234 EC by the Verwaltungsgerichtshof (Austria) for a preliminary ruling in the proceedings brought by

and

on the interpretation of Article 6 of the EC Treaty (now, after amendment, Article 12 EC) and Articles 73b to 73d, 73f and 73g of the EC Treaty (now Articles 56 EC to 60 EC),

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet (Rapporteur), M. Wathelet, R. Schintgen and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas, Judges,

Advocate General: L.A. Geelhoed,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of: Ms Ospelt and Schlössle Weissenberg Familienstiftung, represented by C. Hopp; the Austrian Government, represented by P. Kustor and H. Kraft, acting as Agents; the Norwegian Government, represented by I. Holten; the Commission, represented by G. Braun and M. Patakia; and the EFTA Surveillance Authority, represented by E. Wright and D. Sif Tynes, at the hearing on 7 January 2003,

after hearing the Opinion of the Advocate General at the sitting on 10 April 2003,

gives the following

Community law and the Agreement on the European Economic Area

Austrian legislation

...

...

...

...

...

...

On those grounds,

THE COURT,

in answer to the questions referred to it by the Verwaltungsgerichtshof by order of 19 October 2001, hereby rules:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Timmermans

Gulmann

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Rosas

Delivered in open court in Luxembourg on 23 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President