Court of Justice 27 February 2025, C-271/23 (Opinion of Advocate General Medina delivered on 27 February 2025.)

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The Advocate General's opinion addresses the legal dispute between the European Commission and Hungary regarding Hungary's failure to comply with Council Decision (EU) 2021/3 during a vote at the United Nations Commission on Narcotic Drugs concerning the scheduling of cannabis. The opinion raises two key questions: whether a Member State can vote against a Council decision representing the EU's position and whether it can claim the illegality of that decision in defense against an infringement action without prior challenge. Ultimately, the opinion assesses Hungary's obligations under EU law, particularly regarding the principle of sincere cooperation and the exclusive external competence of the Union.AI