Official Journal of the European Union

C 379/2

(Case C-364/10)(1)

(Failure of a Member State to fulfil obligations - Article 259 TFEU - Citizenship of the European Union - Article 21 TFEU - Directive 2004/38/EC - Right to move within the territory of the Member States - President of Hungary - Prohibition on entering the territory of the Slovak Republic - Diplomatic relations between Member States)

2012/C 379/03

Language of the case: Slovak

Parties

Applicant: Hungary (represented by: M.Z. Fehér and E. Orgován, Agents)

Defendant: Slovak Republic (represented by: B. Ricziová, Agent)

Intervener in support of the defendant: European Commission (represented by: A. Tokár, D. Maidani and S. Boelaert, Agents)

Re:

Article 259 TFEU — Failure of a Member State to fulfil obligations — Breach of Article 18(1) EC, Article 3(2) TEU, Article 21(1) TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ 2004 L 158, p. 77) — Abusive application of European Union law — Prohibition on entering the territory of the Slovak Republic imposed on the President of Hungary when intending to take up the invitation made by a social organisation — Prohibition on entry based, in part, on Directive 2004/38/EC — Application of the provisions of European Union law on the free movement of persons to Heads of State and to other persons representing the Member States

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Hungary to pay the costs;

3.Orders the European Commission to bear its own costs.

(1)

OJ C 301, 6.11.2010.