What is the civil law effect of non-filing under land transfer law?
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Automatic nullity for failure to notify threatens transactions subject to approval requirements. The ECJ held in Burtscher v Austria that this automatic nullity breaches the free movement of capital.
Under the land transfer legislation of the Austrian federal provinces, transactions that are subject to an obligation to seek approval face automatic nullity if they are not filed for approval within two years.
The European Court of Justice held in Burtscher v Republic of Austria that this automatic nullity is incompatible with the free movement of capital and that, by reason of the prohibition on reverse discrimination (Inlaenderdiskriminierung), it is therefore also inapplicable to Austrian nationals.