Hungary and Slovakia to Challenge EU Russian Gas Ban in European Court

Hungary and Slovakia Announce Legal Challenge Against EU Energy Policy

Hungary and Slovakia have declared their intention to initiate legal proceedings against the European Union over its recently adopted REPowerEU plan, which mandates a phased elimination of Russian oil and gas imports. The two Central European nations contend that the regulation infringes upon their national interests and jeopardizes their energy security. The announcement was made on January 26, 2026, following the formal adoption of the REPowerEU regulation by the European Council.

REPowerEU Plan Targets Full Russian Energy Independence by 2027

The REPowerEU plan, initially presented in May 2022, is the EU's strategic response to reduce its dependence on Russian fossil fuels following the conflict in Ukraine. The comprehensive roadmap aims to cease all imports of Russian pipeline gas and liquefied natural gas (LNG) by the end of 2027. Specifically, the plan outlines a full ban on LNG imports by the start of 2027 and a complete halt to pipeline gas imports by autumn 2027. The regulation also includes provisions for phasing out Russian oil imports by the end of 2027 and restricting nuclear materials.

National Interests and Energy Security at Core of Dispute

Both Hungary and Slovakia have voiced strong opposition to the REPowerEU plan, citing their significant reliance on Russian energy supplies. Hungarian Foreign Minister Péter Szijjártó stated that banning Russian oil and gas imports would make it 'physically impossible' to secure sufficient energy for Hungary and would lead to a 'dramatic increase' in energy prices, potentially tripling household bills. Slovakia's Foreign Minister Juraj Blanár echoed these concerns, emphasizing that the EU must ensure a 'fair, realistic, and socially sustainable transition for all member states' and avoid imposing policies that disregard the 'real possibilities and concrete circumstances of individual countries.'

Data indicates that Hungary's dependence on Russian crude oil increased to 86% in 2024, while Slovakia remains almost entirely reliant on Russian oil. In July 2025, Slovakia notably blocked the adoption of the EU's 18th sanctions package against Russia, directly linking its veto to its opposition to REPowerEU.

Legal Arguments and Procedural Concerns

The legal challenge from Hungary and Slovakia is founded on several key arguments:

• Violation of EU Treaties: They contend that the regulation contravenes EU treaties, which designate energy policy as a national competence, not a field for binding decisions by majority vote.
• 'Legal Fraud': Hungarian officials, including Péter Szijjártó, have accused the European Commission of employing a 'legal trick' or 'legal fraud' by presenting what they consider a sanctions measure as a trade policy decision. This approach, they argue, bypasses the requirement for unanimous approval among member states.
• Economic Impact and Lack of Compensation: Concerns have been raised about the regulation's interference with existing long-term contracts and the absence of financial compensation mechanisms to alleviate liabilities for economic entities and member states.
• Infrastructural Bottlenecks: Slovakia has highlighted that the regulation does not adequately address existing infrastructural bottlenecks outside its territory, which limit the ability to diversify gas supplies efficiently within the proposed timeline.

Hungary has confirmed it will seek both the annulment of the regulation and its suspension during legal proceedings, with action to be taken as soon as the decision is officially published.