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Joined Cases C-52/16 and C-113/16: Judgment of the Court (Grand Chamber) of 6 March 2018 (requests for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság — Hungary) — ‘SEGRO’ Kft. v Vas Megyei Kormányhivatal Sárvári Járási Földhivatala (C-52/16), Günther Horváth v Vas Megyei Kormányhivatal (C-113/16) (References for a preliminary ruling — Article 63 TFEU — Free movement of capital — Rights of usufruct over agricultural land — National legislation permitting such rights to be acquired in the future only by close family members of the owner of the land and cancelling, without providing for compensation, the rights previously acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land)

ECLI:EU:UNKNOWN:62016CA0052

62016CA0052

March 6, 2018
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7.5.2018

Official Journal of the European Union

C 161/5

(Joined Cases C-52/16 and C-113/16) (<span class="super note-tag">1</span>)

((References for a preliminary ruling - Article 63 TFEU - Free movement of capital - Rights of usufruct over agricultural land - National legislation permitting such rights to be acquired in the future only by close family members of the owner of the land and cancelling, without providing for compensation, the rights previously acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land))

(2018/C 161/04)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicants: ‘SEGRO’ Kft. (C-52/16), Günther Horváth (C-113/16)

Defendants: Vas Megyei Kormányhivatal Sárvári Járási Földhivatala (C-52/16), Vas Megyei Kormányhivatal (C-113/16)

Operative part of the judgment

Article 63 TFEU must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which rights of usufruct which have previously been created over agricultural land and the holders of which do not have the status of close relation of the owner of that land are extinguished by operation of law and are, consequently, deleted from the property registers.

(<span class="note">1</span>) OJ C 136, 18.4.2016.

<span class="note">OJ C 211, 13.6.2016.</span>

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