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Case C-250/08: Judgment of the Court (First Chamber) of 1 December 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Free movement of persons — Purchase of immovable property intended as a new principal residence — Calculation of a tax advantage — Registration duties — Cohesion of the tax system)

ECLI:EU:UNKNOWN:62008CA0250

62008CA0250

December 1, 2011
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4.2.2012

Official Journal of the European Union

C 32/2

(Case C-250/08)(Failure of a Member State to fulfil obligations - Free movement of persons - Purchase of immovable property intended as a new principal residence - Calculation of a tax advantage - Registration duties - Cohesion of the tax system)

2012/C 32/02

Language of the case: Dutch

Parties

Applicant: European Commission (represented by: P. van Nuffel, R. Lyal and W. Roels, acting as Agents)

Defendant: Kingdom of Belgium (represented by: L. Van den Broeck, acting as Agent, and by B. van de Walle de Ghelcke, advocaat)

Intervening party in support of the defendant: Republic of Hungary (represented by: R. Somssich, K. Borvölgyi and M.Z. Fehér, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 18 EC, 43 EC and 56 EC and of Articles 31 EEA and 40 EEA — Calculation of a tax advantage upon purchase of immovable property intended as a new principal place of residence — Registration fees paid upon the purchase of a previous principal place of residence taken into account only if that place of residence was situated in the Flemish Region

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the European Commission to pay the costs.

*

Language of the case: Dutch.

ECLI:EU:C:2011:800

2012/C 32/02

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