C-769/22, Commission v Hungary

1. Facts

• Issue: The European Commission initiated an infringement action against Hungary concerning its anti-LGBTIQ+ legislation.

• Measures: The contested measures include restrictions on minors' access to content that portrays homosexuality.

• Legal Basis: The Commission relied on both primary and secondary EU law, including:

◦ The Audiovisual Media Services Directive.

◦ The e-Commerce Directive.

◦ Article 56 TFEU.

◦ Articles 1, 7, 11, and 21 of the Charter of Fundamental Rights of the European Union (CFR).

• Infringement: The measures were argued to directly infringe Article 2 TEU.

2. Outcome

• Status: The case is currently pending.

• Potential Impact: If the Court of Justice of the European Union (CJEU) accepts the Commission’s position, it could have significant implications:

◦ Any violation of Article 2 TEU could serve as a basis for an infringement action.

◦ This could lead to fines under Article 260 TFEU.

◦ Such a ruling could fundamentally alter the dynamics of EU infringement procedures.

3. Impact and Analysis

• Direct and Autonomous Enforceability of Article 2 TEU: The case raises questions about the direct and autonomous enforceability of values enshrined in Article 2 TEU.

• Article 7 TEU: This article provides for penalties for serious and persistent breaches of EU values as outlined in Article 2 TEU.