ˮGrossmaniaˮ (Judgment) French Text [2022] EUECJ C-177/20 (10 March 2022)

ˮGrossmaniaˮ (Judgment) French Text [2022] EUECJ C-177/20 (10 March 2022)

A national court must disregard national legislation incompatible with Article 63 TFEU as interpreted by the Court, and must, unless objective and legitimate legal obstacles exist, order the reinstatement of usufruct rights extinguished and deregistered under such legislation, even if the administrative decision has...

Source-derived case information.

Citation
[2022] EUECJ C-177/20
Parties
Applicant: Grossmania Mezőgazdasági Termelő és Szolgáltató Kft.; Respondent: Vas Megyei Kormányhivatal; Intervener: Government of Hungary; Intervener: Government of Germany; Intervener: Government of Spain; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Preliminary ruling issued; national court must disregard incompatible national law and, unless legal obstacles exist, order reinstatement of usufruct rights.
Legal Topics
Primacy of EU Law, Direct Effect, Cooperation Loyalty, Free Movement of Capital, State Liability, Effect of Preliminary Rulings, Usufruct Rights, Land Registration
European Union Law Property Law Administrative Law Primacy of EU Law Direct Effect Cooperation Loyalty Free Movement of Capital State Liability +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 6 Authorities cited 33 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Grossmania Mezőgazdasági Termelő és Szolgáltató Kft.

Applicant

Vas Megyei Kormányhivatal

Respondent

Government of Hungary

Intervener

Government of Germany

Intervener

Government of Spain

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether a national court must disregard national legislation incompatible with EU law as interpreted by the Court, even if administrative decisions based on that legislation have become final.
  2. 2 Whether the court must order reinstatement of usufruct rights extinguished and deregistered under such legislation, despite expiry of appeal deadlines.

Ratio Decidendi

A national court must disregard national legislation incompatible with Article 63 TFEU as interpreted by the Court, and must, unless objective and legitimate legal obstacles exist, order the reinstatement of usufruct rights extinguished and deregistered under such legislation, even if the administrative decision has become final due to expiry of appeal deadlines.

Court Disposition

Preliminary ruling issued; national court must disregard incompatible national law and, unless legal obstacles exist, order reinstatement of usufruct rights.

Orders

  • National court must disregard Article 108(1) of the 2013 transitional law and Article 37(1) of the 2013 agricultural land law as incompatible with Article 63 TFEU.
  • National court must, unless objective and legitimate legal obstacles exist, order the administrative authority to reinstate Grossmania's usufruct rights.