(2018)
A region in Belgium, Brabant introduces regulation that gives priority to Vlap-invest (an investor) to build social housing because the prices in the region were becoming too high.
Conditions of people who can live in these social housing were a certain low income but also social/cultural/economic ties to the community. A family sells to Fremoluc and the signing notary contacts Vlap because of its pre-emption right and so Vlaps buys it.
The Family invokes free movement and that the conditions can be discriminatory but there isn't a cross-border element so the CJEU rejected the case.
!If the CJEU would have handled the case (if there was a cross-border element ex. an Italian who wants to move to Brabant) it would be very interesting to see if it would or wouldn't allow these conditions.
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The Fremoluc (CJEU) C-343/17 case raises important questions about the intersection of local housing regulations and EU principles of free movement. While the CJEU rejected the case due to the lack of a cross-border element, it would have been fascinating to see how the Court would have approached the issue if, for instance, an Italian citizen sought to move to Brabant. Would the conditions imposed for social housing be deemed discriminatory under EU law? This scenario underscores the complexities of balancing local regulations with EU freedoms. Just as a balance equation calculator helps solve mathematical problems, careful legal analysis is crucial in navigating these intricate issues.
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