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CJEU Case C-78/18 / Opinion

European Commission v Hungary

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Failure of a Member State to fulfil obligations — Admissibility — Article 63 TFEU — Free movement of capital — Existence of a restriction — Burden of proof — Indirect discrimination linked to the origin of the capital — Article 12 of the Charter of Fundamental Rights of the European Union — Right to freedom of association — National rules imposing on associations receiving financial support sent from other Member States or from third countries legally binding obligations of registration, declaration and publication which can be enforced — Article 7 of the Charter of Fundamental Rights — Right to respect for private life — Article 8(1) of the Charter of Fundamental Rights — Right to the protection of personal data — National rules imposing the disclosure of information on persons providing financial support to associations and of the amount of that support — Justification — Overriding reason in the public interest — Transparency of the financing of associations — Article 65 TFEU — Public policy — Public security — Fight against money laundering, financing of terrorism and organised crime — Article 52(1) of the Charter of Fundamental Rights.

Outcome of the case:

For the reasons set out, I propose that the Court of Justice, allowing the Commission’s action, should:

  • Declare that Hungary has failed to fulfil the obligations incumbent on it under Article 63 TFEU by infringing Articles 7, 8 and 12 of the Charter of Fundamental Rights of the European Union, in so far as the a külföldről támogatott szervezetek átláthatóságáról szóló 2017. évi LXXVI. törvény (Law No LXXVI of 2017 on the transparency of organisations which receive support from abroad) introduces unjustified restrictions in respect of donations from abroad received by certain associations and foundations established in Hungary.
  • Order Hungary to pay the costs.