Statement from Razom We Stand on Hungary’s legal action against the EU ban on Russian gas
Hungary’s action before the Court of Justice of the European Union to annul the REPowerEU regulation phasing out Russian gas imports is an attempt to preserve the EU’s dependence on an unreliable supplier, which has repeatedly weaponised energy and used the revenues from fossil fuels to finance its brutal war against Ukraine. This regulation is a long-overdue step to protect the EU’s energy security.
“Energy imports can only be banned through sanctions”
The EU has exclusive competence in the field of the common commercial policy, including the power to prohibit imports when necessary to protect the Union’s essential interests. The Court of Justice of the EU has consistently held that the choice of the legal basis depends on the aim and content of the measure. This regulation is, therefore, legally sound: it is not a temporary foreign policy sanction designed to change Russia’s behaviour but a structural measure aimed at safeguarding the EU’s energy security and ensuring the proper functioning of the internal market.
“EU Treaties clearly state that each member state decides its choice of energy sources and suppliers”
While the Treaties recognise that Member States can choose their energy mix, this right is not absolute. The Treaties highlight that the aims of the EU’s policies on energy should ensure the functioning of the energy market and the security of energy supply. In an interconnected gas market, no Member State can claim an unlimited right to maintain dependencies that affect the stability and security of the whole Union.
“The principle of energy solidarity requires the security of energy supply for all member states. This decision clearly violates that principle, certainly in the case of Hungary”
Energy solidarity cannot be invoked to defend continued dependence on an unreliable supplier that has driven price volatility, market disruptions and insecurity across the Union, even before Russia’s full-scale invasion of Ukraine. The Court of Justice has made clear that solidarity requires Member States to balance national interests with the common interest of the EU as a whole. The REPowerEU regulation fully reflects this approach by taking into account the specific situations of Hungary and Slovakia, granting them a generous transition period to phase out Russian gas despite their opposition to the measure.
“Only more expensive and less reliable alternatives are available”
Russian gas has already proven to be a source of instability, driving up prices and volatility through abrupt, politically motivated supply reductions. A 2025 CREA report shows that Hungary and Slovakia have continued to rely on Russian energy imports, not because there are no alternatives, but because they have exploited temporary EU exemptions rather than diversifying. Moreover, the Court of Justice has recognised energy security as an overriding public interest that can justify strong regulatory action.
Europe’s future cannot be built on energy dependence that weakens security and leaves the Union vulnerable to blackmail and coercion. The REPowerEU regulation is firmly grounded in the Treaties, consistent with case-law of the Court of Justice of the EU and essential for a secure and resilient European energy system.ble to blackmail and coercion. The REPowerEU regulation is firmly grounded in the Treaties, consistent with case-law of the Court of Justice of the EU and essential for a secure and resilient European energy system.
