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annul Article 2, paragraph 2, of Council Implementing Decision (EU) 2022/2506 of 15 December 2022, (1) partially, in so far as it provides ‘or any entity maintained by such a public interest trust’ and in so far as that provision of Decision 2022/2506 concerns the applicant;

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annul the Joint Statement of 26 January 2023 of Commissioners Hahn and Gabriel on the application of Council Implementing Decision of 15 December 2022 in relation to Hungarian public interest trusts in so far as the applicant is concerned;

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annul the Commission’s communications of 20 January, 21 February and 3 March 2023, published as ‘Disclaimers’ or ‘FAQ’ on the ERASMUS+ and Horizon Europe portals, as referred to in the said Joint Statement, in so far as they concern the applicant;

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order the Council and the Commission and any intervener opposing this application to bear the costs.

1.

First plea in law, alleging breach of Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 (‘the Conditionality Regulation’), (2) of the duty to provide adequate reasons, the principle of proportionality, Article 16 of the Charter of Fundamental Rights of the EU, and Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018. (3)

2.

Second plea in law, alleging breach of the principle of presumption of innocence and breach of the principle of equal treatment and non-discrimination.

3.

Third plea in law, alleging breach of the right to operate on an undistorted market (Article 16 of the Charter of Fundamental Rights of the EU in conjunction with Articles 101-108 TFEU).

4.

Fourth plea in law, alleging breach of the principles of legal certainty, legitimate expectations and the infringement of essential procedural requirements.