21In its order for reference, the Verwaltungsgerichtshof observed that the Court had held, in Case C-302/97 Korde [1999] ECR I -3099, which concerned building plots, that restrictions on the free movement of capital were permissible in the name of a land planning objective. It pointed out, first, however, that the Court has not yet determined whether the objectives pursued by a system of prior authorisation such as that at issue in the main proceedings, relating to agricultural and forestry plots and established in the interest of the agricultural sector, could justify restrictions on the free movement of capital. Secondly, it took the view that neither had the Court considered in Konle, cited above, whether such a system of prior authorisation, which had always been deemed necessary by the legislature of the Land of Vorarlberg and applied in a non-discriminatory manner, could be regarded as necessary having regard to the aforementioned objectives.
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