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Case C-123/22: Judgment of the Court (Fourth Chamber) of 13 June 2024 – European Commission v Hungary (Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Directives 2008/115/EC, 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Effective access – Border procedure – Procedural safeguards – Return of illegally staying third-country nationals – Appeals brought against administrative decisions rejecting an application for international protection – Right to remain in the territory – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Financial penalties – Proportionality and dissuasiveness – Lump sum – Periodic penalty payment)
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Official Journal of the European Union
C series
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C/2024/4555
29.7.2024
(Case C-123/22)
(Failure of a Member State to fulfil obligations - Area of freedom, security and justice - Directives 2008/115/EC, 2013/32/EU and 2013/33/EU - Procedure for granting international protection - Effective access - Border procedure - Procedural safeguards - Return of illegally staying third-country nationals - Appeals brought against administrative decisions rejecting an application for international protection - Right to remain in the territory - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Article 260(2) TFEU - Financial penalties - Proportionality and dissuasiveness - Lump sum - Periodic penalty payment)
(C/2024/4555)
Language of the case: Hungarian
Parties
Applicant: European Commission (represented by: initially A. Azéma, L. Grønfeldt, A. Tokár and J. Tomkin, and subsequently A. Azéma, A. Tokár and J. Tomkin, acting as Agents)
Defendant: Hungary (represented by: M.Z. Fehér, acting as Agent)
Operative part of the judgment
The Court:
1.Declares that, by failing to take all the measures necessary to comply with the judgment of 17 December 2020, Commission v Hungary (Reception of applicants for international protection) (C-808/18, EU:C:2020:1029), Hungary has failed to fulfil its obligations under Article 260(1) TFEU;
2.Orders Hungary to pay the European Commission a lump sum in the amount of EUR 200 000 000;
3.Orders Hungary to pay the Commission a penalty payment of EUR 900 000 per day from the date of delivery of the present judgment until the date of compliance with the judgment of 17 December 2020, Commission v Hungary (Reception of applicants for international protection) (C-808/18, EU:C:2020:1029), in so far as concerns Article 6 and Article 46(5) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection;
4.Orders Hungary to pay the Commission a penalty payment of EUR 100 000 per day from the date of delivery of the present judgment until the date of compliance with the judgment of 17 December 2020, Commission v Hungary (Reception of applicants for international protection) (C-808/18, EU:C:2020:1029), in so far as concerns Articles 5, 6, 12 and 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals;
5.Orders Hungary to pay the costs.
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Language of the case: Hungarian.
ELI: http://data.europa.eu/eli/C/2024/4555/oj
ISSN 1977-091X (electronic edition)
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