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European Commission v. Hungary

Court of Justice of the European Union.  06 October 2020 .

Published online by Cambridge University Press:  25 April 2025

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Abstract

Economics, trade and finance — The law of the World Trade Organization — Trade in services — General Agreement on Trade in Services, 1995 — Article XVI — Article XVII — Higher education service providers — Whether measures adopted by Hungary contravened obligation on national treatment — Whether measures justified to prevent deceptive practices — Whether measures justified to maintain public order

Human rights — Charter of Fundamental Rights of the European Union, 2000 — Article 13 — Article 14 — Article 16 — Freedom to provide services — Freedom to found educational establishments — Freedom to conduct business — Academic freedom — European Convention on Human Rights, 1950 (“the Convention”) — Article 10 — Freedom of expression — Relationship between the Charter of Fundamental Rights of the European Union and the Convention — Relationship between academic freedom and freedom of expression — Whether restrictions on providing higher education services a restriction of academic freedom — Whether measures adopted by Hungary contravened freedom to found educational establishments — Whether measures adopted by Hungary contravened freedom to conduct business

Treaties — European Union — Treaties binding European Union and Member States — General Agreement on Trade in Services, 1995 — Infringement proceedings — Whether infringement proceedings can be based on infringement of obligations under GATS — Jurisdiction of the Court of Justice of the European Union — Whether the Court having jurisdiction to determine matters based on breach of GATS

Relationship of international law and municipal law — Relationship between the law of World Trade Organization and the law of the European Union — Obligations of Member States of the EU — Competence of the EU — Whether WTO law forms part of EU law — Whether infringement proceedings under EU law can be based on contraventions of WTO law — The law of the European Union

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2025

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