Official Journal of the European Union

C 262/3

Judgment of the Court (First Chamber) of 4 June 2020 — Hungary v European Commission

(Case C-456/18 P) (1)

(Appeal - State aid - Alleged aid - Decision to initiate the procedure provided for in Article 108(2) TFEU - Suspension injunction in respect of the measures at issue - Conditions governing the legality of the injunction)

(2020/C 262/03)

Language of the case: Hungarian


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

Other party to the proceedings: European Commission (represented by: L. Flynn, P.-J. Loewenthal, V. Bottka and K. Talabér-Ritz, acting as Agents)

Intervener in support of the appellant: Republic of Poland (represented by: B. Majczyna, M. Rzotkiewicz and A. Kramarczyk, acting as Agents)

Operative part of the judgment

The Court:


Sets aside the judgment of the General Court of the European Union of 25 April 2018, Hungary v Commission (T-554/15 and T-555/15, EU:T:2018:220);


Annuls Commission Decision C(2015) 4805 final of 15 July 2015 on State aid SA. 41187 (2015/NN) — Hungary — Health contribution of tobacco industry businesses and Commission Decision C(2015) 4808 final of 15 July 2015 on State aid SA. 40018 (2015/C) (ex 2014/NN) — 2014 Amendment of the Hungarian food chain inspection fee in so far as they order suspension of the application of the progressive tax rate of, respectively, the health contribution and the food chain inspection fee, in their form resulting from Law No XCIV of 2014 on the health contribution of tobacco industry businesses and from the amendment in 2014 of Law No XLVI of 2008 on the food chain and the official supervision thereof;


Orders the European Commission to bear its own costs and to pay those incurred by Hungary, both at first instance and on appeal;


Orders the Republic of Poland to bear its own costs.

(1)  OJ C 301, 27.8.2018.