A senior adviser to the European Court of Justice has said billions of euros were wrongly released to Hungary. Advocate general Tamara Ćapeta argued that the European Commission should not have unfrozen about €10bn because required judicial reforms were not fully implemented.
The commission had suspended the funds in 2022 over concerns about corruption and rule-of-law backsliding under prime minister Viktor Orbán. In 2023, it decided Hungary had met reform conditions and lifted the suspension, making the country eligible for payments. The European Parliament challenged that decision, claiming serious errors and suggesting political motives linked to EU support for Ukraine.
Ćapeta said the commission failed to properly assess whether reforms were in force and effectively applied. She stressed that EU funds cannot be disbursed until legal conditions are fully met. Although her opinion is not binding, the court often follows such advice. Judges are expected to rule in the coming months.
A decision against the commission could force it to recover funds by reducing future payments. The case may set a key precedent for how EU institutions enforce rule-of-law standards across member states.
