BRANDL (Liability of a Member State in the event of infringement of EU law - Termination ex lege of rights of usufruct over immovable property - Judgment) French Text [2026] EUECJ C-286/25 (13 May 2026)

BRANDL (Liability of a Member State in the event of infringement of EU law - Termination ex lege of rights of usufruct over immovable property - Judgment) French Text [2026] EUECJ C-286/25 (13 May 2026)

A national compensation regime that calculates damages solely on the basis of the market value of property at the time of unlawful deprivation, without accounting for lost profits or increases in value during the deprivation period, does not provide adequate reparation as required by Article 63 TFEU and Article 17...

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Citation
[2026] EUECJ C-286/25
Parties
Applicant: BRANDL Mezőgazdasági, Kereskedelmi és Szolgáltató Kft.; Respondent: Agrárminisztérium (Ministry of Agriculture, Hungary)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Preliminary Questions
Outcome
National law incompatible with EU law; preliminary ruling issued.
Legal Topics
State Liability, Compensation for Breach of EU Law, Usufruct Rights, Property Deprivation, Adequate Reparation, Calculation of Damages
European Union Law Property Law Remedies State Liability Compensation for Breach of EU Law Usufruct Rights Property Deprivation Adequate Reparation +1 more

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Parties

BRANDL Mezőgazdasági, Kereskedelmi és Szolgáltató Kft.

Applicant

Agrárminisztérium (Ministry of Agriculture, Hungary)

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Questions

  1. 1 Whether a national compensation regime that calculates damages solely on the basis of the market value of property at the time of unlawful deprivation, without accounting for lost profits or subsequent value increases, satisfies the requirements of adequate reparation under Article 63 TFEU and Article 17 of the Charter.

Ratio Decidendi

A national compensation regime that calculates damages solely on the basis of the market value of property at the time of unlawful deprivation, without accounting for lost profits or increases in value during the deprivation period, does not provide adequate reparation as required by Article 63 TFEU and Article 17 of the Charter, and is therefore incompatible with EU law.

Court Disposition

National law incompatible with EU law; preliminary ruling issued.

Orders

  • EU law precludes a national compensation regime that calculates damages solely on the basis of the market value of property at the time of deprivation, without accounting for lost profits or subsequent value increases.