European Commission v Hungary

European Commission v Hungary
Full case nameEuropean Commission v Hungary
CaseC-769/22
Case typeInfringement proceedings, Treaty on the Functioning of the European Union (Article 258)
ChamberFull Court
Procedural historyAction by the European Commission against the Government of Hungary for the failure of Hungary to adhere to the founding values of the European Union
Court composition
Judge-Rapporteur
Marc van der Woude
President
Koen Lenaerts
Advocate General
Tamara Ćapeta
Instruments cited
Treaty on European Union (Article 2); Treaty on the Functioning of the European Union (Article 56); Charter of Fundamental Rights of the European Union (Articles 1, 7, 11, 21); Directive 2000/31/EC (Articles 3 and 4); Directive 2006/123/EC (Article 16); Directive 2010/13/EU (Articles 6a and 9)
Legislation affecting
Treaty on European Union (Article 2); Treaty on the Functioning of the European Union (Article 56); Directive 2000/31/EC; Directive 2006/123/EC; Directive 2010/13/EU; Charter of Fundamental Rights of the European Union (Articles 1, 7, 11, 21)

European Commission v Hungary is a historic landmark human rights case, concerning the anti-LGBTQ law in Hungary. It pits the European Commission, the European Parliament, and a majority of the member states of the European Union against Hungary. The case is currently pending a final ruling, following a hearing before an exceptionally rare formation of the Full Court of the European Court of Justice, consisting of all 27 judges. It is the largest human rights case in the history of the European Union.

It is also the first case on the basis of Article 2 of the Treaty on European Union, which concerns the founding values of the European Union, namely, freedom, democracy, equality, human dignity, human rights, minority rights, and the rule of law, as well as of Article 1 of the Charter of Fundamental Rights of the European Union, which concerns human dignity, as freestanding provisions.

An advocate general of the European Court of Justice has issued a preliminary opinion in the case in support of the applicants and against the defendant on all counts in the case. An expert in European human rights law considers the final outcome of the case a foregone conclusion due to the strong legal basis of the case against Hungary, with the only question the extent of the ultimate ruling against Hungary.