At the end of January European Union it adopted a decree which stipulates that all imports natural gas from Russia to member states will cease by the end of 2027. Only Hungary and Slovakia voted against this decision, which was not enough to prevent its adoption.
Hungary still meets most of its natural gas needs with deliveries from Russia, while Slovakia acquires a significant part of its gas from that country.
After the adoption of the ban, the governments of both countries announced a lawsuit against the European Union, writes DW.
On February 2, the Hungarian government, headed by Prime Minister Viktor Orbán, filed a complaint with the Court of Justice of the European Union, claiming that the EU violated its founding treaties by making this decision.
The basis of the Hungarian lawsuit
According to Hungarian Foreign Minister Peter Sziart, the lawsuit is based on three key arguments:
- the ban is a sanction, and sanctions can be introduced in the EU only by a unanimous decision;
- the choice of energy sources is the responsibility of the member states, not the EU institutions;
- this measure threatens Hungary's energy security.
Hungary has appealed to the Court of Justice of the EU before, and several proceedings initiated by Budapest against various institutions of the Union are currently underway.
Although the Court has often ruled against Hungary in previous cases, some lawyers believe that the outcome of this dispute could be different.
"This seems like a procedure where Hungary could have a real chance of success," Viktor Sepp, a professor of European law at the University of Groningen, told DW.
Trade measure or sanction?
The key legal question relates to the nature of the ban itself: whether it is a trade measure or a foreign policy sanction disguised as a trade decision.
The distinction is essential, since EU sanctions require the consent of all 27 member states. Interpreting the ban on Russian gas as a matter of common trade policy, the European Commission enabled its adoption by a qualified majority, thus eliminating the objections of Hungary and Slovakia remained without effect.
Sep believes that in this way the EU deviated from the previous practice, according to which sanctions against Russia, but also other countries such as Iran or Venezuela, were adopted unanimously.
A permanent change in the energy exchange rate
According to analysts, the key difference compared to previous sanctions lies in their duration.
"Sanctions are, as a rule, temporary measures that stop when the reasons for which they were introduced disappear," said Agata Loskot-Strahota from the Warsaw Center for Eastern Studies.
The ban on Russian gas imports, however, aims to permanently change the EU's energy supply. The European Commissioner for Energy and Housing, Dan Jorgensen, said in December that the EU does not plan to return to Russian gas even after the eventual end of the war in Ukraine.
According to Lucas Schaup, a researcher at the European University Institute in Florence, the principle of legal coherence could work in favor of To the European Commission, because the ban can be interpreted as a continuation of the sanctions policy in the field of foreign trade.
Jorgensen assessed the ban as "completely legally based", stressing that it is necessary to end, as he stated, Russian energy pressure on EU member states.
Avoiding the veto
Some analysts believe that one of the goals of the European Union was to avoid the possibility of veto by individual states.
Hungarian Prime Minister Viktor Orban and after the start of the war in Ukraine, he maintained close relations with Russia and repeatedly blocked or slowed down European measures directed against Moscow.
"This regulation is an attempt by the EU to limit the Russian strategy of 'divide and conquer'," assesses Loskot-Strahota.
Possible consequences of the verdict
Proceedings before the EU Court of Justice often last for years. Even in the case of a ruling in Hungary's favor, it would not necessarily mean an immediate lifting of the ban.
As legal experts point out, in earlier cases the Court allowed annulled measures to remain in force temporarily in order to avoid serious economic disruptions.
Meanwhile, member states and energy companies are already taking steps to reduce dependence on Russian gas, including building infrastructure and contracting with alternative suppliers.
The ban on the import of Russian gas remains in force for the time being, which means that all EU member states, including Hungary and Slovakia, will have to stop buying Russian gas by the end of 2027 at the latest.
