The European Union (EU) has officially adopted a regulation banning all imports of Russian gas by the end of 2027. When the decision was passed at the end of January, only Hungary and Slovakia voted against it. However, because it is classified as a trade measure, the ban was still passed under a majority vote mechanism.
Not accepting this result, the Hungarian government of Prime Minister Viktor Orban filed a lawsuit against the EU with the European Court of Justice (ECJ) on February 2, claiming that Brussels had violated the bloc's basic treaties. Slovakia also announced following Budapest's steps.
Hungarian Foreign Minister Peter Szijjarto said that the lawsuit is based on 3 main arguments. First, the Russian gas ban is essentially a sanction, and sanctions must be agreed upon by all 27 EU member states.
Second, the selection of energy sources is the authority of each country, not the EU.
Third, this regulation seriously threatens Hungary's energy security.
Hungary is no stranger to EU lawsuits. Currently, there are dozens of lawsuits initiated by Budapest awaiting ECJ adjudication. Although Hungary has often failed before, some legal experts believe that this time the situation may be different.
Scholar Viktor Szep - a European law expert at the University of Groningen (Netherlands) - commented that this is "a lawsuit that Hungary really has a chance to win".
The key point lies in the seemingly technical question: Is the Russian gas ban a trade measure or a foreign sanction "disguised" as trade?
If it is a sanction, the EU is required to reach absolute consensus. But by classifying it into trade policy, the European Commission only needs a majority of qualified votes to pass it, thereby invalidating Hungary and Slovakia's veto power.
According to Mr. Szep, the EU has broken long-standing legal practices, because sanctions packages against Russia or countries like Iran and Venezuela were previously approved by consensus. "It is very difficult to defend the European Commission in this regard," he said.
For its part, the EU believes that there is a fundamental difference. According to energy experts, sanctions are often temporary and can be lifted when the cause is no longer there. Meanwhile, the Russian gas ban is designed to change the long-term energy structure of Europe.
EU Energy Commissioner Dan Jorgensen once bluntly declared: Even if peace is restored, the EU will no longer buy Russian gas.
Some observers say that the EU is also deliberately avoiding the risk of being vetoed by Hungary. Prime Minister Orban has maintained close relations with Russian President Vladimir Putin and has repeatedly slowed down or blocked pressure measures on Moscow.
The trial process at the ECJ could take many years. Even if Hungary wins, it is not certain that the ban will be immediately reversed. The European Court of Justice has repeatedly allowed a legally annulled measure to remain in effect to avoid major economic disruptions.
During that time, EU countries and energy businesses will still accelerate the search for alternative sources of supply, invest in new infrastructure and gradually cut dependence on Russian gas.
In the immediate future, the regulation is still valid: By the end of 2027, the entire EU - including Hungary and Slovakia - must stop buying Russian gas.
