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13/06/2024
The CJEU ordered Hungary to pay a lump sum of 200 million euros and a penalty payment of 1 million euros per day of delay for failure to comply with the CJEU judgment in European Commission v Hungary (C-808/18) pronounced on 17 December 2020.
13/06/2024
The CJEU ordered Hungary to pay a lump sum of 200 million euros and a penalty payment of 1 million euros per day of delay for failure to comply with the CJEU judgment in European Commission v Hungary (C-808/18) pronounced on 17 December 2020.

ECLI
ECLI:EU:C:2024:493
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE; Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals)
Reference
European Union, Court of Justice of the European Union [CJEU], European Commission v Hungary, C-123/22, ECLI:EU:C:2024:493, 13 June 2024. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4328
Case history

European Union, Court of Justice of the European Union [CJEU], European Commission v Hungary, C-808/18, ECLI:EU:C:2020:493, 17 December 2020. 

Other information
Abstract

According to the CJEU press release:


"In December 2020, the Court of Justice held that Hungary had failed to comply with the rules of EU law on, inter alia, procedures for granting international protection and returning illegally staying third-country nationals. That failure concerned restricting access to the international protection procedure, unlawfully detaining applicants for international protection in transit zones and failing to observe their right to remain in Hungarian territory pending a final decision on their appeal against the rejection of their application, as well as the removal of illegally staying third-country nationals.


Taking the view that Hungary still had not complied with the 2020 judgment (except as regards the transit zones, which Hungary had already closed before delivery of the present judgment), the European Commission brought a new action for failure to comply with obligations, seeking the imposition of financial sanctions.


In its judgment, the Court holds that Hungary has not taken the measures necessary to comply with the 2020 judgment as regards access to the international protection procedure, the right of applicants for international protection to remain in Hungary pending a final decision on their appeal against the rejection of their application and the removal of illegally staying third-country nationals. In so doing, that Member State, disregarding the principle of sincere cooperation, is deliberately evading the application of the EU common policy on international protection as a whole and the rules relating to the removal of illegally staying third-country nationals. That conduct constitutes a serious threat to the unity of EU law, which has an extraordinarily serious impact both on private interests, particularly the interests of asylum seekers, and on the public interest. In particular, Hungary's failure to fulfil obligations, which has the effect of transferring to the other Member States its responsibility, including financial responsibility, for ensuring, in accordance with EU law, the reception of applicants for international protection, the examination of their applications and the return of illegally staying third-country nationals, seriously undermines the principle of solidarity and fair sharing of responsibility between the Member States.


Since this failure to fulfil obligations constitutes an unprecedented and exceptionally serious breach of EU law, the Court orders Hungary to pay a lump sum of 200 million euros and a penalty payment of 1 million euros per day of delay."


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-123/22
Date of Decision
13/06/2024
Country of Origin
Keywords
Access to asylum procedures
Return/Removal/Deportation
Appeal / Second instance determination