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Case T-452/25: Action brought on 6 May 2025 – Hungary v Council and European Peace Facility

ECLI:EU:UNKNOWN:62025TN0452

62025TN0452

May 6, 2025
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Official Journal of the European Union

EN

C series

C/2025/4638

(Case T-452/25)

(C/2025/4638)

Language of the case: Hungarian

Parties

Applicant: Hungary (represented by: M.Z. Fehér and K. Szíjjártó, acting as Agents)

Defendants: Council of the European Union and European Peace Facility

Form of order sought

The applicant claims that the Court should:

annul the decision adopted on 26 February 2025 by the Committee of the European Peace Facility regarding the allocation of the amounts to assistance measures for the supply of military support to the Ukrainian Armed Forces, in accordance with the conditions laid down in Council Decision (CFSP) 2024/1471 of 21 May 2024 (second tranche), and annul in part the minutes of the meeting in which that decision was adopted;

order the defendants to pay the costs.

Pleas in law and main arguments

In support of its action, the applicant relies on a single plea in law, alleging infringement of Article 31(1) TEU and of Council Decision (CFSP) 2021/509, in relation to the vote within the Committee of the European Peace Facility.

By adopting the contested decision, the Committee of the European Peace Facility infringed the abovementioned provisions in so far as, when taking that decision, it considered that Hungary could not participate in the vote on the ground that it was allegedly not a ‘contributing Member State’ and therefore Hungary’s vote was not taken into account. As a result, the principle of equality between Member States and the principle of the democratic functioning of the European Union were infringed because a Member State was deprived, unjustifiably and without a legal basis, of its right to vote.

The application was lodged at the Registry of the Court of Justice and registered as Case No C-319/25. The Court of Justice decided to refer the action to the General Court.

Council Decision (CFSP) 2024/1471 of 21 May 2024 on the allocation of the amounts of the financial contribution paid to the European Peace Facility pursuant to Decision (CFSP) 2024/1470 (OJ L, 2024/1471).

Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ 2021 L 102, p. 14).

ELI: http://data.europa.eu/eli/C/2025/4638/oj

ISSN 1977-091X (electronic edition)

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