Do German nationals receive equal treatment with Austrian nationals in land acquisition?
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Under EU law, nationality or a company's registered seat cannot serve as grounds for refusal in the area of free movement of capital. In practice, however, German nationals appear to face discrimination in Tyrol.
Under EU law, nationality or the registered seat of a company cannot be used as a connecting factor or as grounds for exclusion in matters governed by the free movement of capital.
In practice, however, German nationals are — in our view — discriminated against when acquiring real estate in Tyrol, as compared with Austrian nationals. This discrimination manifests itself, in particular, in the fact that suspicions of a prohibited holiday home (Freizeitwohnsitz) are handled differently for EU foreigners — especially German property owners — than for Austrian nationals.