European Property Federation

EU INTERNAL MARKET FOR PROPERTY
issue	impact	status

Taxable Income – Real Estate – Free Movement of EU Citizens: ECJ Judgment R.H.H. Renneberg v Staatsecretaris van Financiën

¤ December 2008 ¤

Consecrates the freedom of EU citizens to live and work wherever they want in the Union without prejudice. Part of this is protection against unfavourable tax treatment of income from real estate caused by exercising the right to free movement.

ECJ judgment of 16 October 2008.

Conveyancing Services

¤ April 2008 ¤

. Study finds that reform of the traditional Latin notary system would bring major gains to consumers in a € 17 billion EU conveyancing services market.

. Commission to encourage reforms.

Study for Commission.

Services Directive (IV)

¤ January 2007 ¤

Final Directive has significant impact on building owners as recipients of services.

Member states must transpose into national law before 28 December 2009.

Services Directive (III): Council’s Common Position

¤ August 2006 ¤

See Secretariat analysis.

Common Position.

Flemish Stamp Duty Discrimination

¤ July 2006 ¤

Commission action ensures equal treatment for all Europeans buying property in Flanders.

Formal Commission request (under Treaty Article 226).

Freedom to Invest in Property in Croatia

¤ July 2006 ¤

• So as to qualify for EU membership, Croatia allows EU citizens to buy real estate without permission.

• Consolidates basic right of all EU citizens to purchase property wherever they want.

Amendment of property law by Croatian Parliament.

Social Services of General Interest

¤ May 2006 ¤

Review of EU rules in the area of social services, including social housing.

Commission Communication.

Services Directive (II)

¤ May 2006 ¤

Increases supply of services to all real estate owners and investors.

Amended Proposal.

Italian Minimum Fees for Architects and Engineers

¤ January 2006 ¤

• Commission attacks Italian minimum fees imposed for architects and engineers.

• Italian legislation restricts access to Italian market by service providers from other member states.

Commission reasoned opinion (last stop before Court of Justice).

Services Directive (I)

¤ August 2005 ¤

Could lead to specific EU harmonising legislation for real estate and building services.

Parliament First Reading.

Tourist Rental of Properties in the Canary Islands

¤ July 2005 ¤

Law obliging all owners of flats in a building to use the same estate agent restricts consumer choice and competition between estate agents.

Commission investigation.

Taxation of housing-related capital gains

¤ July 2005 ¤

Obstacles to the freedom to invest in property Union-wide.

• Portugal: European Court of Justice

• Sweden and Spain: Commission request for amendment of national legislation.

Services Directive

¤ February 2005 ¤

Current review could end up excluding important providers of services to the property industry from the scope of the Directive.

Proposal for a Directive.

Germany’s discriminatory rules on housing grants

¤ August 2004 ¤

Discriminates against cross-border workers purchasing properties outside Germany.

Commission has referred Germany to the European Court of Justice.

Portugal’s discriminatory rules on tax relief for capital gains from home sales

¤ August 2004 ¤

Discriminates against non-Portuguese who have lived temporarily in Portugal and against Portuguese moving to another member state.

Pre-judicial.