Action brought on 25 March 2024 – Parliament v Commission

(Case C-225/24)

Language of the case: English

Parties

Applicant: European Parliament (represented by: F. Drexler, R. Crowe, U. Rösslein, Agents)

Defendant: European Commission

The Applicant claims that the Court should:

annul Commission Implementing Decision C(2023)9014¹ of 13 December 2023 ;

order the European Commission to pay the costs.

Pleas in law and main arguments

In support of its application, the European Parliament invokes three pleas in law.

1. First plea in law, alleging infringement of Articles 9(1) and 15 and Annex III of the Common Provisions Regulation 2021/1060 and manifest errors of assessment

The Commission infringed Articles 9(1) and 15 and Annex III to the Common Provisions Regulation¹ and it committed manifest errors of assessment when, on 13 December 2023, it delivered a positive assessment of the judicial reforms undertaken in Hungary and decided that the horizontal enabling condition ‘3. Effective application and implementation of the Charter of Fundamental Rights’ is fulfilled with regard to the deficiencies in judicial independence in that Member State, with the consequence that Hungary became entitled to reimbursements under the Funds covered by that regulation.

2. Second plea in law, alleging infringement of the duty to state reasons

The assessment annexed to the contested decision merely lists the amendments that were adopted to Hungarian legislation and rules but provides no substantive explanations that would allow the reader to understand the reasons underlying the positive assessment of the fulfilment of the horizontal enabling condition.

3. Third plea in law, alleging misuse of powers

The Commission misused its power to decide on the fulfilment of the horizontal enabling condition under the Common Provisions Regulation as a trade-off for Hungary lifting its veto over certain urgent decisions that required unanimity in the European Council.

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¹ Commission Implementing Decision C(2023) 9014 of 13 December 2023 on the approval and signature of the Commission assessment, in accordance with Article 15(4) of Regulation (EU) 2021/1060, of the fulfilment of the horizontal enabling condition ‘3. Effective application and implementation of the Charter of Fundamental Rights’ with regard to the deficiencies in judicial independence in Hungary.

¹ Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ 2021, L 231, p. 159).