Reference for a preliminary ruling by the Fővárosi Bíróság (Hungary) by order of that court of 24 June 2004 in the criminal proceedings against Attila Vajnai

(Case C-328/04)

(2004/C 262/27)

Reference has been made to the Court of Justice of the European Communities by order of the Fővárosi Bíróság, Hungary, of 24 June 2004, received at the Court Registry on 30 July 2004, for a preliminary ruling in the criminal proceedings against Attila Vajnai on the following question:

Is Article 269/B, first paragraph, of the Büntető Törvénykönyv (Hungarian Criminal Code), which provides that a person who uses or displays, in public, the symbol consisting of a five-pointed red star commits — where the conduct does not amount to a more serious criminal offence — a minor offence, compatible with the fundamental Community-law principle of non-discrimination? Do Article 6 TEU, according to which the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, Directive 2000/43/EC (1), which also refers to fundamental freedoms, and Articles 10, 11 and 12 of the Charter of Fundamental Rights, allow a person who wishes to express his political convictions through a symbol representing them to do so in any Member State?

(1)  OJ L 180, p. 22.