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Fremoluc: EU fundamental freedoms and a domestic land dispute

Published 22 Januar 2020 · Updated 12 November 2026

fundamental freedoms · preliminary ruling
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The Court of Justice’s judgment of 20 September 2018 in C-343/17 concerned the admissibility of a reference arising from a Belgian land pre-emption dispute.

Archive article, reviewed and updated on 12 November 2026. The original publication date is retained.

What the Court decided

The reference did not establish the necessary connection between the wholly domestic dispute and the EU provisions for which interpretation was requested. The Court held the reference inadmissible. This was not a general ruling approving or prohibiting all local pre-emption or housing-allocation rules.

Why the procedural point matters

A party relying on EU fundamental freedoms must identify the relevant legal and factual connection. National planning, property and procedural questions remain important even where an EU argument is proposed.

Four practical examples

Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.

A domestic land sale

Identify whether the facts support the EU provision relied on.

An overseas purchaser

Document the actual cross-border element rather than invoking it abstractly.

A pre-emption notice

Assess national deadlines independently of a proposed EU argument.

A preliminary reference request

Explain why the EU interpretation is needed to decide the dispute.

Further guidance

Legal framework & further reading

Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.

Topics: preliminary ruling · property law