Action brought on 27 April 2023 – European Commission v Hungary
(Case C-271/23)
Language of the case: Hungarian
Parties
Applicant: European Commission (represented by: L. Baumgart, M. Carpus Carcea and Zs. Teleki, acting as Agents)
Defendant: Hungary
Form of order sought
The Commission claims that the Court should:
declare that, by not following the European Union’s position, at the reconvened sixty-third session of the Commission on Narcotic Drugs of the United Nations Economic and Social Council, in respect of amending the scheduling of cannabis and cannabis-related substances, Hungary has (i) failed to fulfil its obligations under Council Decision (EU) 2021/3, 1 which was binding on Hungary in accordance with Article 218(9) TFEU, in conjunction with the fourth paragraph of Article 288 TFEU; (ii) interfered in the exclusive external competence of the European Union laid down in Article 3(2) TFEU; and (iii) breached the principle of sincere cooperation enshrined in Article 4(3) TEU;
order Hungary to pay the costs.
Pleas in law and main arguments
First plea in law: At the session of the Commission on Narcotic Drugs held on 2 December 2020, Hungary voted contrary to the provisions of the Council Decision establishing the position of the European Union. The Council Decision, which was adopted on the basis of Article 218(9) TFEU, and which establishes the positions to be adopted on the European Union’s behalf, was binding on Hungary under the fourth paragraph of Article 288 TFEU.
Second plea in law: In accordance with Article 3(2) TFEU, Council Decision (EU) 2021/3 concerns an exclusive external competence of the European Union, and Hungary therefore should not have established its own position in that respect.
Third plea in law: By voting contrary to the European Union’s position, without the prior agreement of the EU institutions, Hungary breached the principle of sincere cooperation laid down in Article 4(3) TEU.
The Commission sent Hungary a letter of formal notice on 18 February 2021 and a reasoned opinion on 12 November 2021 and considered Hungary’s replies to be unsatisfactory.
____________
1 Council Decision (EU) 2021/3 of 23 November 2020 on the position to be taken, on behalf of the European Union, at the reconvened sixty-third session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971 (OJ 2021 L 4, p. 1).