EN

Official Journal of the European Union

C 155/46

(Case C-155/23)

(2023/C 155/59)

Language of the case: Hungarian

Parties

Applicant: European Commission (represented by: J. Baquero Cruz and A. Tokár, acting as Agents)

Defendant: Hungary

Form of order sought

The Commission claims that the Court should:

(1)Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1937 (1) of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law and by failing to communicate those provisions to the Commission, Hungary has failed to fulfil its obligations under Article 26(1) and (3) of that directive;

(2)Order Hungary to pay the Commission a lump sum, corresponding to the higher of the following two sums: (i) a daily rate of EUR 3 500 multiplied by the number of days between the date following that of the expiry of the transposition period laid down in that directive and the date on which the infringement is remedied, or, in the event that it is not remedied, the date of delivery of the judgment in the present proceedings; (ii) a minimum lump sum of EUR 980 000;

(3)In the event that the failure to fulfil obligations referred to in point 1 persists until the date of delivery of the judgment in the present proceedings, order Hungary to pay the Commission a penalty payment of EUR 13 650 per day from the date of delivery of the judgment in the present proceedings until the date on which Hungary fulfils its obligations under that directive; and

(4)Order Hungary to pay the costs.

Pleas in law and main arguments

Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law lays down an effective system for the protection of persons who work in or in connection with the private or public sector when they notify an infringement of EU law in certain areas. Pursuant to Article 26(1) of the Directive, Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 17 December 2021. Under Article 26(3) of that directive, the Member States were also obliged to communicate to the Commission forthwith the text of those provisions.

On 27 January 2022, the Commission sent Hungary a letter of formal notice. On 22 July 2022, the Commission sent Hungary a reasoned opinion. However, Hungary has not yet adopted or notified the measures necessary to transpose the directive.

(1) OJ 2019 L 305, p. 17.