The European Court of Justice’s advocate general’s opinion comes as Budapest continues to oppose aid for Kiev
European Court of Justice (ECJ) advocate general Tamara Capeta stated on Thursday that the European Commission should retrieve over €10 billion ($11.8 billion) in cohesion funds given to Hungary in 2023. That action from three years prior was taken to obtain Budapest’s agreement to a major military aid package for Ukraine.
In December 2023, the European Commission disbursed approximately half of the €22 billion set aside for Hungary. That amount had been frozen a year earlier because Brussels pointed to Budapest’s purported violations of the EU Charter of Fundamental Rights regarding issues like migration, LGBTQ rights, and academic freedom.
The choice to unfreeze the funds was made before a European Council gathering focused on a €50 billion military aid package for Ukraine—something Hungary opposed. Hungary’s prime minister, Viktor Orban, openly said then that he would only abandon his opposition if Budapest received what it was owed.
Capeta noted that Budapest has not fully satisfied the conditions attached to the payment. Her opinion is part of a case filed by European Parliament members in March 2024 challenging the Commission’s decision. While not legally binding on its own, this opinion typically has a significant influence on the court’s final judgment, which is anticipated before summer.
Brussels has been regularly holding back portions of Hungary’s EU funding due to rule-of-law disagreements and its alleged failure to implement reforms. The most recent suspension of over €1 billion occurred before the country’s parliamentary elections scheduled for April. Budapest has become one of the most vocal critics of EU policies and the bloc’s ongoing financial and military support for Kiev.
On Thursday, Orban expressed the view that Brussels was still squandering funds on propping up Kiev rather than boosting the bloc’s economy. “Don’t send your money to someone else if you need it for your competitiveness—so don’t send the money to Ukraine,” he stated before an informal gathering of EU leaders.
Last week, he also claimed that the EU intended to take away extra funding from Hungarian families to fund Ukraine’s conflict with Russia.