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Parliamentary question - E-011857/2013Parliamentary question
E-011857/2013

Restriction of the free movement of capital

Question for written answer E-011857-13
to the Commission
Rule 117
Alajos Mészáros (PPE) , Zoltán Bagó (PPE)

The Commission admitted in its response (E-008448/2013) that the restitution of confiscated property is considered a capital movement, and that the same is true for the receipt of inheritances[1] in accordance with the 1988 Council Directive on the movement of capital[2]. The Commission also confirmed that when Member States enforce the prohibition of citizenship-based discrimination in respect of the free movement of capital and the prohibition of restrictions affecting this freedom, they must also observe the provisions of the Charter of Fundamental Rights of the European Union relating to the right to property and to the general prohibition of discrimination.

The effective laws of the Slovak Republic[3] allow the restitution of land confiscated under various legal titles or lost in unfair circumstances in the period between 5 February 1948 and 1 January 1990[4], or the provision of compensation for such loss of property only to persons with Slovakian citizenship and a permanent place of residence in Slovakia, and to their legal or testamentary heirs.

In view of the aforementioned EU provisions, is it compatible with EC law that EU citizens without Slovakian citizenship or a permanent place of residence in Slovakia were at a disadvantage as regards the restitution of their property[5] during the compensation process in the period between 1 May 2004 and 31 December 2004? If the contested Slovakian provisions are incompatible with EC law, does it follow from Member States’ obligation to rectify situations that violate EC law[6] that those European Union citizens whose applications were rejected on the basis of the citizenship or place of residence criteria should be granted a new opportunity to submit their compensation claims, regardless of the fact that the legislation in question stipulates forfeiture of rights after 31 December 2004, or that all potentially affected persons should be granted the opportunity to submit compensation claims?

OJ C 86 E, 25/03/2014