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Fremoluc (CJEU) C-343/17


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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