EN

Official Journal of the European Union

C 121/2

(Case C-123/22)

(2023/C 121/03)

Language of the case: Hungarian

Parties

Applicant: European Commission (represented by: A. Azéma, L. Grønfeldt, A. Tokár and J. Tomkin, Agents)

Defendant: Hungary

Form of order sought

The Commission claims that the Court should:

1.declare that Hungary has failed to fulfil its obligations under Article 260(1) TFEU, in not taking all the necessary measures to comply with the judgment delivered by the Court on 17 December 2020 in Case C-808/18, Commission v Hungary (Reception of applicants for international protection);

2.order Hungary to pay the Commission a lump sum of EUR 5 468,45 daily — in the total minimum amount of EUR 1 044 000,00 — from the date on which the Court delivered its judgment in Case C-808/18 until the date on which the defendant complies with that judgment or the date on which judgment is given in the present case, if the latter occurs first;

3.in the event that the failure to fulfil obligations referred to in the first head of claim continues until judgment is given in present case, order Hungary to pay the Commission a daily penalty payment of EUR 16 393,16 from the date on which judgment is given in the present case until the date on which the defendant complies with the judgment of the Court in Case C-808/18, and

4.order Hungary to pay the costs of the proceedings.

Pleas in law and main arguments

In its judgment of 17 December 2020 in Case C-808/18, Commission v Hungary (Reception of applicants for international protection), the Court declared that Hungary’s asylum legislation was incompatible with EU law in various respects. Although Hungary has taken certain measures to comply with the contents of that judgment — above all, it has closed the so-called transit zones which it had established at the Hungarian-Serbian border — the Commission considers that those measures are insufficient to comply with that judgment.