EU court adviser recommends annulling release of funds to Hungary

An EU court adviser says the Commission wrongly released billions to Hungary before reforms were active. The opinion backs a European Parliament challenge.

An adviser to the EU Court of Justice, Advocate General Tamara Capeta, has recommended that the European Commission’s 2023 decision to lift a suspension on payments to Hungary HUHU should be annulled. In an opinion issued on Thursday, February 12, 2026, Capeta stated that the Commission had removed the suspension even though required legislative reforms had not entered into force and had not been properly assessed. This 2023 decision was notable because it restored the eligibility of the nation to receive approximately 10 billion euros from various EU funds.
The legal recommendation revisits a suspension that was originally imposed in 2022 and subsequently lifted in 2023. This freeze on funding was part of a mechanism designed to address concerns over the rule of law. According to the Advocate General, the Commission’s decision to lift the suspension was premature, as the necessary reforms were not fully in force or adequately evaluated at the time. This assessment directly challenges the Commission's earlier move to reinstate access to the various EU funds.
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