The EU’s top court adviser has said billions of euros were wrongly released to Hungary. Tamara Ćapeta, advocate general at the European Court of Justice, argued that the European Commission should not have unfrozen about €10bn in funds.
The commission suspended payments in 2022 over concerns about corruption and judicial independence under Prime Minister Viktor Orbán. In 2023, it ruled that Hungary had met reform conditions and allowed the money to flow. The European Parliament challenged that decision, claiming serious legal errors.
Ćapeta said the commission failed to properly assess whether judicial reforms were fully implemented. She added that EU funds should not be disbursed until required reforms are both in force and effectively applied. Although her opinion is not binding, judges often follow such advice. A final ruling is expected in the coming months.
If the court sides with parliament, the commission may need to recover funds by cutting future payments. The case could set an important precedent for how the EU handles rule-of-law disputes. Orbán, meanwhile, faces a strong electoral challenge from Péter Magyar ahead of upcoming elections.
