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Case C-541/08: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 4 December 2008 — Fokus Invest AG v FIAG Finanzierungsberatung-Immobilientreuhand und Anlageberatung GmbH (FIAG)
ECLI:EU:UNKNOWN:62008CN0541
62008CN0541
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7.3.2009
Official Journal of the European Union
C 55/8
(Case C-541/08)
(2009/C 55/13)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Fokus Invest AG
Defendant: FIAG Finanzierungsberatung-Immobilientreuhand und Anlageberatung GmbH (FIAG)
Questions referred
1.Is Article 25 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 to be interpreted as meaning that the obligation to treat as nationals for the purposes of the acquisition of immovable property applies only in relation to natural persons, but not to companies?
2.If the first question is answered in the affirmative: Do the provisions of the Wiener Ausländergrunderwerbsgesetz (Viennese law on the purchase of real property by non-nationals; ‘WrAuslGEG’) which in the case of acquisition of immovable property by foreign companies as defined in point 3 of Paragraph 2 of the WrAuslGEG require the production of a certificate attesting to exemption from the requirement to obtain authorisation (Paragraph 5(4) and point 3 of Paragraph 3 of the WrAuslGEG) constitute a restriction on the free movement of capital (Article 56 EC) permitted under Article 57(1) EC in relation to Switzerland as a third country?
(1) OJ 2002 L 114, p. 6.