EU Court of Justice again rules against Orbán’s Hungary: freedom of expression infringed

Brussels – Hungary has violated European Union law and freedom of expression by preventing the radio station Klubrádió from continuing to broadcast on its frequencies. This was ruled by the Court of Justice of the EU, which, in a judgment, once again rejected Viktor Orbán’s government’s policy and confirmed the deterioration of the rule of law and fundamental rights in the country.

The Hungarian dossier adds a new chapter with the expiry of the seven-year contract between the Hungarian Media Council and Klubrádió, a commercial broadcaster operating in the capital area. The Hungarian Media Council had rejected the licence renewal application, citing “repeated infringements,” namely the failure to submit two monthly reports on broadcasting quotas. The radio station subsequently attempted to participate in a new tender, but its bid was declared invalid due to alleged shortcomings in its programming schedule and its negative net worth.

For the judges in Luxembourg, this case shows “infringements” of the principles of proportionality, good administration, and the right to freedom of expression. All these principles are protected by the Charter of Fundamental Rights of the EU, thereby placing Hungary in a state of non-compliance. Specifically, the Hungarian law imposing automatic refusal of renewal for purely formal and minor infringements is considered “disproportionate,” as is the decision to cancel the bid in the new tender, given that the scheduling errors could have been rectified without affecting the application. 

Furthermore, the EU Court of Justice notes that the grounds for exclusion on the basis of “negative net worth” were neither provided for in the original call for tenders nor necessary to ensure the stability of the radio station. The decision to proceed otherwise ultimately violated the principles of transparency and proportionality.

 Finally, the Court ruled that Hungary “infringed the freedom of expression and information enshrined in Article 11 of the Charter of Fundamental Rights,” as any national measure limiting or restricting radio broadcasters’ access to radio frequencies “is liable to interfere
with their right to freedom of the media associated with freedom of broadcasting.” 

The ruling comes just a few months after the initiation of infringement proceedings concerning the European Media Freedom Act (EMFF), which came into force in August 2025, in relation to which the Commission expressed concerns about restrictions on editorial independence and the economic activity of media outlets in the country. These warnings, combined with numerous ongoing procedures, could weigh on Orbán’s image and his domestic electoral standing in the upcoming general election.