Court of Justice 6 February 2025, C-499/23 (European Commission v Hungary.)

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The Advocate General's opinion addresses the European Commission's action against Hungary for allegedly failing to fulfill its obligations under EU law regarding the export of construction materials. The core legal dispute centers on whether Hungary's Decree No 402/2021, which imposes a registration procedure for exporting raw materials, constitutes a measure equivalent to quantitative restrictions prohibited by Articles 35 and 36 TFEU, and whether it can be justified on grounds of public security. The opinion suggests that the Hungarian Government has not sufficiently demonstrated that the decree aligns with the principles of proportionality and necessity required for such justifications.AI