# C_2021044EN.01000301.xml

| 8.2.2021 | EN | Official Journal of the European Union | C 44/3 |
| --- | --- | --- | --- |

8.2.2021

EN

Official Journal of the European Union

C 44/3

---

Judgment of the Court (Grand Chamber) of 8 December 2020 — Hungary v European Parliament, Council of the European Union

(Case C-620/18) (1)

(Action for annulment - Directive (EU) 2018/957 - Freedom to provide services - Posting of workers - Terms and conditions of employment - Remuneration - Duration of posting - Determination of the legal basis - Articles 53 and 62 TFEU - Amendment of an existing directive - Article 9 TFEU - Misuse of powers - Principle of non-discrimination - Necessity - Principle of proportionality - Extent of the principle of freedom to provide services - Road transport - Article 58 TFEU - Regulation (EC) No 593/2008 - Scope - Principles of legal certainty and legislative clarity)

(2021/C 44/03)

Language of the case: Hungarian

Parties

Applicant: Hungary (represented by: M.Z. Fehér, G. Tornyai, and M.M Tátrai, acting as Agents)

Defendants: European Parliament (represented by: M. Martínez Iglesias, L. Visaggio and A. Tamás, acting as Agents), Council of the European Union (represented: initially by A. Norberg, M. Bencze and E. Ambrosini, then by A. Norberg, E. Ambrosini, A. Sikora-Kalėda and Zs. Bodnár, acting as Agents)

Interveners in support of the European Parliament: Federal Republic of Germany (represented by: J. Möller and S. Eisenberg, acting as Agents), French Republic (represented by: E. de Moustier, A. L. Desjonquères, C. Mosser and R. Coesme, acting as Agents), Kingdom of the Netherlands (represented by: M.K. Bulterman, C. Schillemans and J. Langer, acting as Agents), European Commission (represented by: L. Havas, M. Kellerbauer, B. R. Killmann and A. Szmytkowska, acting as Agents)

Interveners in support of the Council of the European Union: Federal Republic of Germany (represented by: J. Möller and S. Eisenberg, acting as Agents), French Republic (represented by: E. de Moustier, A. L. Desjonquères, C. Mosser and R. Coesme, acting as Agents), Kingdom of the Netherlands (represented by: M.K. Bulterman, C. Schillemans and J. Langer, acting as Agents), Kingdom of Sweden (represented by: C. Meyer-Seitz, H. Shev and H. Eklinder, acting as Agents), European Commission (represented by: L. Havas, M. Kellerbauer, B. R. Killmann and A. Szmytkowska, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Hungary to bears its own costs and to pay the costs incurred by the European Parliament and the Council of the European Union; |
| --- | --- |

2.

Orders Hungary to bears its own costs and to pay the costs incurred by the European Parliament and the Council of the European Union;

| 3. | Orders the Federal Republic of Germany, the French Republic, the Kingdom of the Netherlands, the Kingdom of Sweden and the European Commission to bear their own costs. |
| --- | --- |

3.

Orders the Federal Republic of Germany, the French Republic, the Kingdom of the Netherlands, the Kingdom of Sweden and the European Commission to bear their own costs.

---

(1)  OJ C 427, 26.11.2018.

---