CJEU Case C-650/18 / Judgment

Hungary v European Parliament
Policy area
Institutional affairs
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Grand Chamber)
Decision date
ECLI (European case law identifier)
  • CJEU Case C-650/18 / Judgment

    Key facts of the case:

    Action for annulment – Article 7(1) TEU – European Parliament resolution on a proposal calling on the Council of the European Union to determine the existence of a clear risk of a serious breach of the values on which the European Union is founded – Articles 263 and 269 TFEU – Jurisdiction of the Court – Admissibility of the appeal – Challengeable act – Article 354 TFEU – Rules for counting votes in the Parliament – Rules of Procedure of the Parliament – Rule 178(3) – Concept of ‘votes cast’ – Abstentions – Principles of legal certainty, equal treatment, democracy and sincere cooperation.


    Outcome of the case:

    On those grounds, the Court (Grand Chamber) hereby:

    1. Dismisses the action;
    2. Orders Hungary to bear its own costs and to pay those incurred by the European Parliament;
    3. Orders the Republic of Poland to bear its own costs.
  • Paragraphs referring to EU Charter

    94) As regards, in the second place, the alleged infringement of the fourth paragraph of Article 354 TFEU, read in the light of the principle of democracy and the principle of equal treatment, it should be noted that those two principles are values on which the European Union is founded, in accordance with Article 2 TEU. In addition, under Article 10 TEU, the functioning of the European Union is to be founded on representative democracy and Article 20 of the Charter of Fundamental Rights of the European Union enshrines the principle of equal treatment.