(12 November 2021) – The Commission has decided today to refer Hungary to the Court of Justice of the European Union, requesting that the Court order the payment of financial penalties for Hungary’s failure to comply with EU rules on asylum and return.
In its judgment of 17 December 2020 (Case C-808/18, Commission v Hungary), the Court of Justice of the European Union found that Hungary’s legislation on the rules and practice in the transit zones situated at the Serbian-Hungarian border was contrary to EU law.
As of today, Hungary has not addressed several aspects of the judgment. In particular, Hungary has not taken the measures necessary to ensure effective access to the asylum procedure.
In view of the continued non-compliance with the Court’s judgment, on 9 June 2021, the Commission sent Hungary a letter of formal notice under Article 260(2) TFEU.
Today, the Commission is asking the Court to impose financial sanctions in the form of a lump sum and a daily penalty payment.