{"id":36971,"date":"2023-03-16T13:26:21","date_gmt":"2023-03-16T12:26:21","guid":{"rendered":"https:\/\/semmelweis.hu\/english\/?p=36971"},"modified":"2025-11-24T09:13:49","modified_gmt":"2025-11-24T08:13:49","slug":"application-for-partial-annulment-in-respect-of-council-implementing-decision-eu-2022-2506","status":"publish","type":"post","link":"https:\/\/semmelweis.hu\/english\/2023\/03\/application-for-partial-annulment-in-respect-of-council-implementing-decision-eu-2022-2506\/","title":{"rendered":"Application for partial annulment in respect of council implementing decision (EU) 2022\/2506 (Updated)"},"content":{"rendered":"
Application for partial annulment in respect of council implementing decision (EU) 2022\/2506 to the president and members of the General Court of the European Union.<\/div>\n

\"\"<\/p>\n

In response to inquiries from within the university community please be informed that Semmelweis University has brought an application against the Council of the European Union to partially annul Council Implementing Decision (EU) 2022\/2506 of 15\/Dec\/2022 on certain restrictive measures affecting the Erasmus+ and the Horizon Europe programmes. The University will refrain from commenting the ongoing litigation until further developments. Semmelweis University\u2019s application for partial annulment is available here<\/a><\/p>\n

UPDATE ON THE MATTER SEMMELWEIS VERSUS COUNCIL OF THE EU (13.07.2023)<\/p>\n

The Council of the European Union have responded<\/a>, that they\u00a0request that the General Court refrain from adjudicating on this matter, and rule on the inadmissibility of the action,\u00a0because, apparently, the Decision does not concern the University directly. The Council have reassured the Court that they are responsible for the continued monitoring of the situation. The Council \u201censure that the legitimate interests of the final recipients and beneficiaries (students and colleagues) are properly safeguarded\u201d, despite not having conducted any previous or current analysis of the impact of Decision 2022\/2506 on the University itself.<\/p>\n

2nd UPDATE\u00a0<\/p>\n

Semmelweis Egyetem has submitted its observations<\/a> on the plea of inadmissibility submitted by the Council of the EU, in which the Council\u2019s objective was to convince the Court to reject the initial Application of Semmelweis Egyetem, thereby attempting to avoid a fair hearing. Among other arguments, Semmelweis Egyetem maintains that its Application to the General Court serves to remedy the infringement of the right to be heard, a fundamental right within the European Union\u2019s legal order.<\/p>\n

3rd UPDATE\u00a0<\/p>\n

A huge step in the right direction. On 4 April 2024, the EU General Court rejected the plea of inadmissibility submitted by the Council of the EU on 30 May 2023. The Court’s order is available here<\/a>. Now, the Council has until 20 May 2024 to submit its defence on the merit.<\/p>\n

4th UPDATE\u00a0<\/p>\n

As ordered by the EU General Court, the Council of the EU submitted its defense on the merit, available here<\/a>. Subsequently, Semmelweis University submitted its Reply<\/a> on 15 July 2024.<\/p>\n

5th UPDATE\u00a0<\/p>\n

Recently, both of the European Commission and the Hungarian Government intervened in the proceedings. Their respective motions are available here<\/a> and here<\/a>. Then, Semmelweis Egyetem filed its Observations<\/a> on 11 September 2024.\u00a0<\/p>\n

6th UPDATE\u00a0<\/p>\n

There have been some recent briefings concerning the transparency of this lawsuit. Semmelweis University\u2019s Request for a Hearing is available here<\/a>, and an exchange of letters of counsel is available here<\/a> and here<\/a>. Then, the Council of the European Union and the European Commission both protested to the court about transparency (available here<\/a> and here<\/a>) that Semmelweis University disagreed with as available here<\/a>.<\/p>\n

7th UPDATE<\/p>\n

On September 10, 2025, the Court of Justice of the European Union, based in Luxembourg, held a hearing on a case brought by Hungarian universities that have transitioned to a foundation-based operation and are affected by the suspension of EU funds. Rector Dr. B\u00e9la Merkely addressed the court on behalf of Semmelweis University. The full text of his speech is available here<\/a>. After the hearing, the case proceeds to the deliberation phase, following which the Court of Justice of the European Union announces its judgment.<\/p>\n

8th UPDATE<\/p>\n

Rule of law or flea circus? On September 10, 2025, the Court held a hearing<\/a>. While Rector Dr. B\u00e9la Merkely presented his arguments grounded in facts<\/a>, the Commission (acting in the name of the rule of law) stubbornly withholds material facts<\/a>.\u00a0The parties now await the Court\u2019s judgment.<\/p>\n","protected":false},"excerpt":{"rendered":"

The application affects the Erasmus+ and the Horizon Europe programs.<\/p>\n","protected":false},"author":101983,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[17],"tags":[],"class_list":["post-36971","post","type-post","status-publish","format-standard","hentry","category-semmelweis-world"],"acf":[],"_links":{"self":[{"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/posts\/36971","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/users\/101983"}],"replies":[{"embeddable":true,"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/comments?post=36971"}],"version-history":[{"count":11,"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/posts\/36971\/revisions"}],"predecessor-version":[{"id":46541,"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/posts\/36971\/revisions\/46541"}],"wp:attachment":[{"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/media?parent=36971"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/categories?post=36971"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/semmelweis.hu\/english\/wp-json\/wp\/v2\/tags?post=36971"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}