Action brought on 18 February 2025 – Hungary v Commission and CINEA

(Case T-110/25)

(C/2025/1896)

Language of the case: Hungarian

Parties

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

Defendants: European Commission, European Climate, Infrastructure and Environment Executive Agency (CINEA)

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

The Hungarian Government makes a single legal argument regarding the application for annulment of the European Commission’s decision with reference MOVE.SRD.1.001(2024)9815594. The Hungarian Government maintains that the Commission misinterpreted Article 1(2) of the Annex to Implementing Decision (EU) 2022/219, (1) read in conjunction with Article 22 of Regulation (EC) No 58/2003, (2) by rejecting, without a substantive examination, that Government’s request for a legality review pursuant to Implementing Decision (EU) 2022/219 concerning the acts of the CINEA.

The Hungarian Government makes two legal arguments regarding the application for annulment of debit note No 3242415645 issued by the CINEA on 18 December 2024, in relation to the uninterrupted chain of CINEA acts and, in particular, to the grant agreement with reference INEA/CEF/TRAIN/M2014/1044542.

First, CINEA failed to observe the principle of proportionality when it determined the amount to be repaid and, second, by issuing the debit note, it infringed the right of defence of the Ministry of Public Works and Transport, in that it introduced a payment obligation in an ongoing review procedure.

(1)  Commission Implementing Decision (EU) 2022/219 of 11 February 2022 establishing rules of procedure for the review, pursuant to Article 22(1) of Council Regulation (EC) No 58/2003, of the legality of acts of executive agencies which injure a third party and have been referred to the Commission by any person directly or individually concerned (OJ 2022 L 37, p. 46).

(2)  Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (OJ 2003 L 11, p. 1).