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Case C-419/23, Nemzeti Földügyi Központ: Judgment of the Court (Fourth Chamber) of 12 December 2024 (request for a preliminary ruling from the Győri Törvényszék – Hungary) – CN v Nemzeti Földügyi Központ (Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Right of usufruct over agricultural land – National legislation extinguishing, without compensation, the rights of usufruct – Judgment establishing a failure to fulfil obligations – Reinstatement in the land register of a previously deleted right of usufruct, without examination of the lawfulness of the original registration – Finality of the original registration)
ECLI:EU:UNKNOWN:62023CA0419
62023CA0419
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Official Journal of the European Union
C series
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C/2025/695
10.2.2025
(Case C-419/23, (1) Nemzeti Földügyi Központ)
(Reference for a preliminary ruling - Article 63 TFEU - Free movement of capital - Article 17 of the Charter of Fundamental Rights of the European Union - Right to property - Right of usufruct over agricultural land - National legislation extinguishing, without compensation, the rights of usufruct - Judgment establishing a failure to fulfil obligations - Reinstatement in the land register of a previously deleted right of usufruct, without examination of the lawfulness of the original registration - Finality of the original registration)
(C/2025/695)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: CN
Defendant: Nemzeti Földügyi Központ
intervening party: GW
Operative part of the judgment
Article 63 TFEU and Article 17 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding legislation of a Member State under which the right of usufruct created over a plot of agricultural land situated on the territory of that Member State which, after having been registered definitively in the land register, has been cancelled and deleted from that register by effect of legislation of that Member State contrary to those articles, must, at the request of the person who has been deprived of that right, be reinstated in that register, even when the original registration of that right was contrary to the applicable national legislation on the date of that registration.
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ELI: http://data.europa.eu/eli/C/2025/695/oj
ISSN 1977-091X (electronic edition)
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