Case C-499/23: Action brought on 4 August 2023 — European Commission v Hungary
Date: 2023-08-04
Institutions: Court of Justice
Subjects: access to information, building materials, export, export restriction, free movement of goods, infringement of EU law, national implementing measure, national law, raw material, technical regulations








C_2023329EN.01001601.xml










18.9.2023   


EN


Official Journal of the European Union


C 329/16






Action brought on 4 August 2023 — European Commission v Hungary
(Case C-499/23)
(2023/C 329/20)
Language of the case: Hungarian

Parties


Applicant: European Commission (represented by: G. Gattinara and K. Talabér-Ritz, acting as Agents)

Defendant: Hungary

Form of order sought by the applicant

By its action brought on 4 August 2023, the Commission claims that the Court should:






1.


Declare that, by establishing a procedure applicable to the export of raw materials and products for the construction industry, Hungary has failed to fulfil its obligations under Article 35 TFEU, Article 36 TFEU and Article 2(1) TFEU in conjunction with Article 3(1)(e) TFEU and Articles 5(1) and 6(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (‘the Single Market Transparency Directive’);










2.


Order Hungary to pay the costs.





Pleas in law and main arguments

By adopting Government Decree 402/2021 of 8 July and Government Resolution 1459/2021 of 14 July 2013, Hungary established a procedure applicable to the export of raw materials and products for the construction industry, which constitutes a measure having equivalent effect to quantitative restrictions on exports, within the meaning of Article 35 TFEU, which has the effect of hindering the free movement of goods and, in particular, exports to other Member States. From the point of view of national measures impeding cross-border trade, Hungary has not demonstrated that they are justified on grounds of public security or that they are appropriate for attaining the objective pursued and do not go beyond what is necessary to attain it. Moreover, the contested Government Decree regulates foreign trade and therefore constitutes a measure falling within the scope of the common commercial policy, in which the European Union has exclusive competence. Finally, Hungary has failed to fulfil its reporting obligation under the Single Market Transparency Directive in so far as it concerns the notification of the amended draft Government Decree and ignored the standstill period during which it should have strictly refrained from adopting the contested Government Decree.
On 23 September 2021, the Commission opened an infringement procedure against Hungary in relation to Government Decree 402/2021 of 8 July and Government Resolution 1459/2021 of 14 July.
Considering the reply provided by the Hungarian Government unsatisfactory, the Commission moved to the next stage of infringement proceedings, by sending the Hungarian Government a reasoned opinion on 6 April 2022.
Since the reply to the reasoned opinion is also not satisfactory, the Commission has decided to refer the matter to the Court of Justice for a declaration that, by establishing a procedure applicable to the export of raw materials and products for the construction industry, Hungary has failed to fulfil its obligations under Article 35 TFEU, Article 36 TFEU and Article 2(1) TFEU in conjunction with Article 3(1)(e) TFEU and Articles 5(1) and 6(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services.