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Case C-562/22: Request for a preliminary ruling from the Rayonen sad Burgas (Bulgaria) lodged on 25 August 2022 — JD v OB
ECLI:EU:UNKNOWN:62022CN0562
62022CN0562
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7.11.2022
Official Journal of the European Union
C 424/30
(Case C-562/22)
(2022/C 424/40)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: JD
Defendant: OB
Question referred
On the basis of Article 19(3)(b) TEU and point (b) of the first paragraph and the third paragraph of Article 267 TFEU: Does the legislation of the Republic of Bulgaria, as a Member State, at issue in the main proceedings, under which the acquisition of ownership of agricultural land in Bulgaria is subject to the condition of five years’ residence in the territory of that Member State, constitute a restriction which infringes Articles 18, 49, 63 and 345 TFEU?
More specifically, does that condition for the acquisition of ownership constitute a disproportionate measure which fundamentally infringes the prohibition of discrimination under Article 18 TFEU and the principles of free movement of capital and freedom of establishment within the Union which are enshrined in Articles 49 and 63 TFEU and Article 45 of the Charter of Fundamental Rights of the European Union?