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2013-5 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0347 and id is 1 raw text is: ZCVRLA Reports of Cases Joined Cases C-197/11 and C-203/11 Eric Libert and Others v Gouvernement flamand (C-197/11) and All Projects & Developments NV and Others v Vlaamse Regering (C-203/11) (Request for a preliminary ruling from the Cour constitutionnelle (Belgium)) (Fundamental freedoms - Restriction - Justification - State aid - Concept of 'public works contract' - Land and buildings located in certain communes - National legislation making the transfer of land and buildings subject to the condition that there exists a 'sufficient connection' between the prospective buyer or tenant and the target commune - Social obligation on subdividers and developers - Tax incentives and subsidy mechanisms) Summary - Judgment of the Court (First Chamber), 8 May 2013 1. Questions referred for a preliminary ruling - Jurisdiction of the Court - Limits - Question raised regarding a dispute within a single Member State - Jurisdiction in the light of the possible posting of persons from other Member States (Art. 267 TFEU) 2. Citizenship of the Union - Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Free movement of capital and liberalisation of payments - Restrictions on property transactions - National legislation making the transfer of property located in certain communes subject to verification, by a provincial assessment committee, that there exists a 'sufficient connection' between the prospective buyer or tenant and those communes - Not permissible - Justification - Social housing policy - No such policy (Arts 21 TFEU, 45 TFEU, 49 TFEU, 56 TFEU and 63 TFEU; European Parliament and Council Directive 2004/38, Arts 22 and 24) 3. Free movement of capital and liberalisation of payments - Restrictions on property transactions - National legislation imposing a 'social obligation' on some economic operators when a building or land subdivision authorisation is granted - Lawfulness - Justification - Social housing policy - Conditions - Proportionality - Assessment by the national court (Art. 63 TFEU) ECLJ:EU:C:2013:2881 1

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