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Case C-13/08: Judgment of the Court (Fourth Chamber) of 22 December 2008 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — In the proceedings brought by Erich Stamm, Anneliese Hauser (Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Equal treatment — Self-employed frontier workers — Agricultural lease — Agricultural structure)
ECLI:EU:UNKNOWN:62008CA0013
62008CA0013
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Official Journal of the European Union
21.2.2009
(Case C-13/08)
(Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Equal treatment - Self-employed frontier workers - Agricultural lease - Agricultural structure)
(2009/C 44/35)
Language of the case: German
Referring court
Parties to the main proceedings
Interested party: Regierungspräsidium Freiburg
Re:
Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Articles 12(1), 13(1) and 15(1) of Annex I to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed in Luxembourg on 21 June 1999 (OJ 2002 L 114, p. 6) — Applicability of the principle of equal treatment to self-employed frontier workers — Farmer with Swiss nationality residing in Switzerland having entered into a lease agreement for land for agricultural use located in Germany.
Operative part of the judgment
Pursuant to Article 15(1) of Annex I to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed in Luxembourg on 21 June 1999, a contracting party must accord to the ‘self employed frontier workers’, within the meaning of Article 13 of that annex, of the other contracting party no less favourable treatment as regards access to self-employed activity and the pursuit thereof in the host State than that which is accorded by that State to its own nationals.
* * *
(1) OJ C 92, 12.4.2008.