What does the ECJ say about cultivation requirements?
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The ECJ held in Ospelt v Austria that proper cultivation is a sufficient condition for acquiring agricultural land. Self-cultivation is not required.
In its judgment in Ospelt v Republic of Austria, the European Court of Justice held that proper cultivation (ordentliche Bewirtschaftung) is a sufficient condition for the acquisition of agricultural and forestry land in Austria. A requirement of self-cultivation is therefore impermissible, as it would constitute a breach of the free movement of capital.