Court of Justice 12 February 2026, C-829/24 (Opinion of Advocate General Kokott delivered on 12 February 2026.)

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In Case C-829/24 (European Commission v Hungary), Advocate General Kokott opines that Hungary's Law No LXXXVIII of 2023 on the protection of national sovereignty (a nemzeti szuverenitás védelméről szóló törvény), which establishes a Sovereignty Protection Office with broad investigative, disclosure, and referral powers, is incompatible with EU law in several respects. The Advocate General concludes that the contested provisions infringe Article 63 TFEU (free movement of capital), Article 3 of the Directive on electronic commerce, Articles 14, 16, and 19 of the Services Directive, Articles 7, 8, 11, 12, and 47 of the Charter of Fundamental Rights, and Articles 5, 6, 9, and 10 of the GDPR, primarily because the law's vague and overbroad scope, combined with the Office's unreviewable discretion, creates disproportionate and indirectly discriminatory requirements on cross-border service providers and unlawfully authorises the processing of personal data without a sufficiently precise legal basis. The pleas alleging infringement of Articles 49 and 56 TFEU and of the right to avoid self-incrimination under Article 48 of the Charter are, however, recommended for dismissal.AI