The European Commission sent Hungary a reasoned opinion declaring that the Hungarian system of non-wage benefits was contrary to European Union law.
The reasoned opinion was adopted in an infringement proceeding opened by the European Commission regarding the issuance of service vouchers, following the reforms on tax and distribution aspects of non-wage benefits adopted by Hungary at the end of 2011 restricting the access to a market that has been an open market for over 18 years.
Following the prior investigation of the case, the European Commission examined the compliance of the new regime with the obligations set out under the Treaty on the Functioning of the European Union, and in particular with the freedom of establishment and the freedom to provide services..
The reasoned opinion follows a letter of formal notice that was sent to Hungary in June 2012, and whose demands had not been satisfied by the authorities of the Member State.
If Hungary does not change its legislation within four weeks to comply with the reasoned opinion issued by the European Commission, the Commission may refer the matter to the Court of Justice of the European Union.
This procedure was initiated and monitored by Gide Loyrette Nouel's cross-border team: Benoit Le Bret (Brussels) ensured the monitoring of the case before the European Commission with Ákos Kovách (Budapest) who coordinated a team composed of Tünde Benárd (Budapest) and Loïc Rochas (Brussels).