Judgment_paragraph 51 · 'SEGRO' Kft. v Vas Megyei Kormányhivatal Sárvári Járási Földhivatala and Günther Horváth v Vas Megyei Kormányhivatal (C-52/16, C-113/16)

51A preliminary point to note is that, whilst Article 345 TFEU, to which the Hungarian Government referred in its observations, expresses the principle that the Treaties are neutral in relation to the rules in Member States governing the system of property ownership, that article does not, however, mean that rules governing the system of property ownership current in the Member States are not subject to the fundamental rules of the FEU Treaty (judgment of 22 October 2013, Essent and Others, C‑105/12 to C‑107/12, EU:C:2013:677, paragraphs 29 and 36 and the case-law cited, and Opinion 2/15 (Free Trade Agreement with Singapore) of 16 May 2017, EU:C:2017:376, paragraph 107). Thus, although Article 345 TFEU does not call into question the Member States’ right to establish a system for the acquisition of immovable property which lays down specific measures applying to transactions concerning agricultural and forestry land, such a system remains subject inter alia to the rule of non-discrimination, and to the rules relating to freedom of establishment and free movement of capital (see, to that effect, judgment of 23 September 2003, Ospelt and Schlössle Weissenberg, C‑452/01, EU:C:2003:493, paragraph 24 and the case-law cited).