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“The General Court does not have jurisdiction to examine the legality, including the external legality, of such a decision, since it is directly related to the political or strategic choices made in the context of the common foreign and security policy,” Wednesday’s ruling said.
In May 2024, the European Council adopted a decision to allocate interest revenues from frozen Russian assets to support Ukraine’s armed forces, and another decree on the distribution of funds to be used for the purpose.
The Hungarian government voted for the first decision but abstained from vote in the second instance. In June that year, the European Peace Facility passed a decision to pay out the first instalment to Ukraine, but Hungary appealed to the Luxembourg court to annul that decision, questioning the legality of the procedure in which it was made. “
The General Court finds that the contested decision made political or strategic choices within the framework of the CFSP, inasmuch as it determined the allocation and specific distribution of the funds to the financing of the acquisition of equipment ‘of a military nature’ intended for the Ukrainian Armed Forces and, moreover, chose the assistance measure to which those funds would be allocated,” the court said in its ruling.
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