In a situation where both the contract for the sale of immovable property and the agreement on transfer of ownership of that property have been concluded before the date on which the buyer is included in the list in Annex I, Reg. (EC) N.881/2002, and where the sale price has also been paid before that date, the Article 2(3) of that regulation, as amended by Regulation No 561/2003, must be interpreted as prohibiting the final registration, in performance of that contract, of the transfer of ownership in the Land Register subsequent to that date.
However, it is for the referring court to determine whether repayment of the sums received by the sellers would constitute a disproportionate infringement of their right to property and, if that is the case, to apply the national legislation, so far as is possible, in such a way that the requirements flowing from Community law are not infringed.
Case Number C-117/06
Name of the parties Gerda Möllendorf and Christiane Möllendorf-Niehuus
Date of the judgement 2007-10-11
Court Court of Justice of the European Communities (ECEJ)