EU Court of Justice sanctions Hungary for its UN vote on cannabis

The Court of Justice of the European Union (CJEU) ruled that Hungary had violated European law by opposing the Union’s common position during a crucial vote on the United Nations on the Reclassification of Cannabis in December 2020.

The ruling, handed down on January 27, 2026, brings an end to a lawsuit filed by the European Commission and reinforces the obligation for EU Member States to act consistently in international forums when a common position has been adopted.

A dispute stemming from the UN's reclassification in 2020

In December 2020, the CND voted to remove cannabis from the’Schedule IV of the 1961 Single Convention on Narcotic Drugs, a category reserved for substances considered particularly dangerous and of limited medical value. Cannabis has remained listed in the’Schedule I, which maintains strict international controls but recognizes its potential medical and scientific uses.

EU Member States had coordinated their position in advance, agreeing to support the reclassification. Hungary, however, not only voted against the proposal but also issued a statement contradicting the line agreed upon by the EU. This deviation led to an infringement procedure, the European Commission having officially filed a lawsuit in 2023.

According to the Court, Hungary’s conduct went beyond a mere dissenting vote. By acting unilaterally, Budapest undermined the EU’s ability to speak with one voice on the international stage, a principle considered essential to the Union’s external action.

Violation of EU principles and treaties

In its ruling, the CJEU found that Hungary «had failed to fulfill its obligations under Council Decision (EU) 2021/3,» had «infringed upon the exclusive external competence of the European Union,» and had acted «in violation of the principle of sincere cooperation enshrined in the EU’s founding treaties.».

The Court also dismissed the defense of Hungary, which argued that the Council’s decision defining the EU’s position was itself unlawful. The judges emphasized that, except in cases of «particularly serious and manifest defects,» a Member State cannot justify a violation of EU law by challenging the legality of an EU act after the fact. The Court noted that allowing such reasoning would enable Member States to disregard common rules until they are sanctioned.

As the judgment states, «by voting in an international forum against a common position of the Council, Hungary violated both the principle of sincere cooperation and the principle of unity in the international representation of the EU and its Member States.».

Although the ruling does not impose any immediate financial penalties beyond court costs, Hungary was ordered to pay the costs of the proceedings, and failure to comply with the ruling could expose the country to future fines.

More broadly, this decision strengthens the Commission’s authority to ensure compliance once an EU common position has been adopted, particularly in sensitive areas such as international drug policy. The Court emphasized that Hungary’s actions «undermined the effectiveness of the European Union’s international action, as well as its credibility and reputation on the international stage.».