Name of the act/s*

Judgment in Case 66/18 Commission v Hungary

Subject area

academic freedom, freedom of establishment, GATS, national treatment

Brief description of the contents of the act

Summary of the Court of Justice of the European Union:

“In its judgment in Commission v Hungary (Higher education) (C-66/18), delivered on 6 October2020, the Grand Chamber of the Court of Justice upheld the action for failure to fulfil obligations brought against Hungary by the European Commission. The Court held, first, that, by making the exercise, in Hungary, of teaching activities leading to a qualification by higher education institutions situated outside the European Economic Area (EEA) subject to the existence of an international treaty between Hungary and the third country in which the institution concerned has its seat, Hungary has failed to comply with the commitments in relation to national treatment given under the General Agreement on Trade in Services (GATS), concluded within the framework of the World Trade Organisation (WTO). That requirement is also contrary to the provisions of the Charter of Fundamental Rights of the European Union (‘the Charter’) relating to academic freedom, the freedom to found higher education institutions and the freedom to conduct a business.

Second, the Court held that, by making the exercise, in Hungary, of the activities of foreign higher education institutions, including institutions having their seat in another Member State of the EEA, subject to the condition that they offer higher education in the country in which they have their seat, Hungary has failed to comply with its national treatment commitments under the GATS and with its obligations in respect of the freedom of establishment,3 the free movement of services and the abovementioned provisions of the Charter.”

Comment

See the previous contribution on Opinion of AG Kokott of 5 March 2020 in the Case C-66/18, European Commission v Hungary.

Secondary sources/ doctrinal works (if any)

Renáta Uitz: Finally. The CJEU Defends Academic Freedom, Verfassungsblog, 8 October 2020, available at: https://verfassungsblog.de/finally-the-cjeu-defends-academic-freedom/

See also the previous contribution on Opinion of AG Kokott of 5 March 2020 in the Case C-66/18, European Commission v Hungary.

*Act citation /year and number

Judgment in Case 66/18, Commission v Hungary, EU:C:2020:792

Enacted by

Court of Justice of the European Union

Official link to the text of the act

http://curia.europa.eu/juris/document/document.jsf?text=&docid=232082&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=12489778