ECJ Rebukes Hungary for 2014 Land-Use Cancellations

Hungary adopted the scheme back in 2013, saying that only people with a close family tie to agricultural land in the nation were entitled to property-use rights, which are otherwise known as usufruct. In October 2014, about five months after Hungary had canceled the land-use rights of nationals of outside member states, the European Commission warned the government that it was infringing the Treaty on the Functioning of the European Union.
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Insisting that the commission could not show discrimination, Hungary pointed out that only 5,058 of the more than 100,000 people affected by the scheme were nationals of other countries including third states.
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"That exception takes into account the fact that parents frequently buy property for their children over which they create a right of usufruct for themselves and the fact that a surviving spouse often inherits such a right," Hungary argued, as summarized in the ruling Tuesday.

Rejecting the country's submissions, however, the Grand Chamber of the European Court of Justice ruled Tuesday that "the restrictions on the free movement of capital thus arising from the deprivation of property acquired using capital protected by Article 63 TFEU cannot be justified."

archived
2010 a
share or dispose of ownership or usufruct in any conceivable contractual manner ...
2010 b
Not. A. Trivial. Distinction. "Interest" and "ownership interest" ...
2010 c
 in Principle - there are two conflicting claims over productive assets in the form of ...
Lacan
A word here to shed light on the relationship between law (droit) and jouissance. 'Usufruct' --that's a legal notion, isn't it? ...


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