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CJEU Case 328/04 / Order

Criminal proceedings against Attila Vajnai
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Fourth Chamber)
Type
Decision
Decision date
06/10/2005
ECLI (European case law identifier)
ECLI:EU:C:2005:596

EU Charter of Fundamental Rights

Title II: Freedoms

Article 10 - Freedom of thought, conscience and religion

Title II: Freedoms

Article 11 - Freedom of expression and information

Title II: Freedoms

Article 12 - Freedom of assembly and of association

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  • CJEU Case 328/04 / Order

    Key facts of the case:

    Reference for a preliminary ruling - Interpretation of the principle of non-discrimination - National provision prohibiting, on pain of criminal prosecution, the use in public of a symbol consisting of a five-point red star - Lack of jurisdiction of the Court.

    Outcome of the case:

    On those grounds, the Court (Fourth Chamber) hereby orders:

    The Court of Justice of the European Communities clearly has no jurisdiction to answer the question referred by the Fővárosi Bíróság (Hungary) by decision of 24 June 2004.

  • Paragraphs referring to EU Charter

    8) In those circumstances the Fővárosi Bíróság decided to stay the proceedings and to refer the following question to the Court for a preliminary ruling:

    ‘Is Article 269/B, first paragraph, of the Hungarian Criminal Code, which provides that a person who uses or displays in public the symbol consisting of a five-point red star commits – where the conduct does not amount to a more serious criminal offence – a minor offence, compatible with the fundamental Community law principle of non-discrimination? Do Article 6 of the Treaty on European Union, according to which the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, Directive 2000/43/EC, which also refers to fundamental freedoms, or Articles 10, 11 and 12 of the Charter of Fundamental Rights allow a person who wishes to express his political convictions by means of a symbol representing them to do so in any Member State?’ 

    ...

    11) By its question, the national court asks, essentially, whether the principle of non‑discrimination, Article 6 EU, Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ 2000 L 180, p. 22) or Articles 10, 11 and 12 of the Charter of Fundamental Rights of the European Union, proclaimed on 7 December 2000 in Nice (OJ 2000 C 364, p. 1) preclude a national provision, such as Article 269/B of the Hungarian Criminal Code, which imposes sanctions on the use in public of the symbol in question in the main proceedings.