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Advocate General Opinions on Hungary, Czech Republic Lawyer Access

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Filed March 12th, 2026
Detected March 13th, 2026
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Summary

The Advocate General has issued opinions in cases C-660/24 and C-681/24, finding that Hungary and the Czech Republic may have infringed EU law by imposing time limits on the right of access to a lawyer for suspects. These opinions suggest that questioning suspects without a lawyer present, if the lawyer does not appear within a specified period, violates EU legal principles.

What changed

Advocate General Ćapeta has issued opinions in two cases (C-660/24 and C-681/24) concerning the right of access to a lawyer in Hungary and the Czech Republic. The opinions conclude that by generally allowing suspects to be questioned without a lawyer if the lawyer does not appear within a certain time period, both Hungary and the Czech Republic have infringed EU law. This action stems from infringement proceedings initiated by the Commission against these member states.

These opinions, while not binding on the Court of Justice, carry significant weight and indicate a potential ruling against Hungary and the Czech Republic. Regulated entities, particularly legal professionals and law enforcement agencies operating within these member states, should be aware of the potential implications for current and future practices regarding suspect interrogations. While no immediate compliance deadline is set, this development signals a need to review and potentially revise procedures to align with EU law concerning the right to legal counsel.

What to do next

  1. Review national laws and practices regarding access to lawyers for suspects in Hungary and the Czech Republic.
  2. Assess compliance with EU law concerning the right to legal counsel during questioning.
  3. Monitor the final judgment of the Court of Justice in Cases C-660/24 and C-681/24.

Source document (simplified)

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- No. 36/2026

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12 Mar 2026

### Advocate General’s Opinions in Case C-660/24 and Case C-681/24 Commission v Hungary and Commission v Czech Republic (Time limit imposed on the right of access to a lawyer) Advocate General Ćapeta: by generally allowing suspects to be questioned without a lawyer if the lawyer does not appear within a certain time period, Hungary and the Czech Republic infringed EU law

Linguistic Versions
- No. 35/2026

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12 Mar 2026

### Judgment of the Court in Case C-465/24 SBK Art Restrictive measures in respect of Russia: the freezing of funds prevents, absolutely and unconditionally, the holder of a depositary receipt from attending a general meeting of shareholders and from voting in that meeting

Linguistic Versions
- No. 34/2026

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12 Mar 2026

### Judgment of the Court in Case C-514/24 Magyar Telekom Telecommunications: A subscriber may terminate a contract for internet access, without costs, where modification is made in order to comply with a decision of the Court of Justice

Linguistic Versions
- No. 33/2026

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12 Mar 2026

### Judgment of the Court in Case C-43/24 [Shipova] Member State legislation which does not permit the amendment of the gender data of one of its nationals who has exercised his or her right to freedom of movement is contrary to EU law

Linguistic Versions
- No. 32/2026

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12 Mar 2026

### Judgment of the Court in Case C-84/24 EM System The assets of a company not included on the list of persons subject to sanctions may be frozen if it is controlled by a person included on that list

Linguistic Versions
- No. 31/2026

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05 Mar 2026

### Advocate General’s Opinion in Case C-70/25 [Tukowiecka] Advocate General Rantos: the bank cannot refuse to refund immediately the amount of an unauthorised transaction on the ground of gross negligence on the part of the customer

Linguistic Versions
- No. 30/2026

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05 Mar 2026

### Judgment of the Court in Case C-613/24 Commission v Portugal (Special areas of conservation – Failure to comply with a judgment of the Court of Justice) Twofold failure to fulfil obligations: Portugal is ordered to pay €10 million for failing to comply with a judgment of the Court of Justice finding an infringement of the Habitats Directive

Linguistic Versions
- No. 29/2026

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05 Mar 2026

### Judgment of the Court in Case C-150/24 [Aroja] Return of illegally staying persons: in order to calculate the maximum period of detention, it is necessary to aggregate all periods of detention completed on the basis of one and the same return decision

Linguistic Versions
- No. 28/2026

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05 Mar 2026

### Judgment of the Court in Case C-458/24 [Daraa] A Member State’s refusal to take charge of asylum seekers for whom it is responsible may ultimately result in the requesting State having to examine an asylum application

Linguistic Versions
- No. 27/2026

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05 Mar 2026

### Judgment of the Court in Case C-151/24 [Luevi] Social assistance for third-country nationals: Member States may require possession of a long-term residence permit

Linguistic Versions
- No. 26/2026

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04 Mar 2026

### Judgment of the General Court in Case T-656/24 European Air Charter An airline may not rely on an extraordinary circumstance which affected an earlier flight if the delay of the subsequent flight is caused by an autonomous decision taken by the airline, provided that that decision is the determining cause of that delay

Linguistic Versions
- No. 25/2026

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26 Feb 2026

### Advocate General's Opinion in Case C-876/24 Vueling Airlines (Court having jurisdiction in the event of an online contract for national carriage by air) Jurisdiction: according to Advocate General Spielmann, in the case of the online purchase of an airline ticket, the passenger's place of residence cannot determine the courts having jurisdiction for the place where the carrier has a place of business through which the air transport contract has been made

Linguistic Versions
- No. 24/2026

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26 Feb 2026

### Opinion of the Advocate General in Cases C-496/23 P Meta Platforms Ireland v Commission (Facebook Marketplace) and C-497/23 P Meta Platforms Ireland v Commission (Facebook Data) Advocate General Rantos proposes the dismissal of the appeals by Meta Platforms Ireland relating to an investigation into abuse of a dominant position concerning the use of Facebook Data and the Facebook Marketplace service

Linguistic Versions
- No. 23/2026

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26 Feb 2026

### Advocate General's Opinion in Case C-802/24 Reibel Advocate General Biondi: the prohibition on satisfying any claim of a Russian entity in respect of a contract the performance of which has been affected by restrictive measures does form part of the public policy of the Union

Linguistic Versions
- No. 22/2026

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26 Feb 2026

### Judgment of the Court of Justice in Case C-337/22 P EUIPO v Nowhere Brexit and EU trade marks: Earlier rights based solely on UK law can no longer be relied upon in support of an opposition where EUIPO rules after the end of the transition period

Linguistic Versions
- No. 21/2026

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26 Feb 2026

### Judgments of the Court in Cases C-367/22 P Air Canada, C-369/22 P Air France and Others Airfreight cartel: the Court of Justice dismisses the appeals brought by 12 airlines against the judgments of the General Court

Linguistic Versions
- No. 20/2026

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26 Feb 2026

### Judgment of the Court in Case C-131/24 VIRUS and Others The Court of Justice specifies the conditions that a road project must meet in order to guarantee the protection of birds

Linguistic Versions
- No. 19/2026

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26 Feb 2026

### Judgment of the Court in Case C-92/23 Commission v Hungary (Right to provide media services on a radio frequency) Failure of a Member State to fulfil its obligations: by preventing Klubrádió from providing media services on a radio frequency, Hungary has infringed EU law

Linguistic Versions
- No. 18/2026

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23 Feb 2026

### Information The European Parliament and the Court of Justice of the European Union meet for their third annual dialogue

Linguistic Versions
- No. 17/2026

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12 Feb 2026

### Advocate General's Opinion in Case C-857/24 daa and Others Advocate General Campos Sánchez-Bordona: An annual passenger limit imposed by a planning authority may be taken into account when allocating slots at an airport with capacity problems

Linguistic Versions
- No. 16/2026

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12 Feb 2026

### Advocate General’s Opinion in Case C-829/24 Commission v Hungary (Protection against foreign political interference) Advocate General Kokott: Hungary infringed EU law by adopting the Law on the protection of national sovereignty

Linguistic Versions
- No. 15/2026

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12 Feb 2026

### Advocate General’s Opinion in Case C-225/24 Parliament v Commission Advocate General Tamara Ćapeta proposes that the Court of Justice annul the Commission’s decision lifting the suspension on the disbursement of funds to Hungary

Linguistic Versions
- No. 14/2026

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12 Feb 2026

### Judgment of the Court in Case C-471/24 PKO BP (Critical benchmark) Property loans: a bank’s obligation to provide information does not require it to disclose to the consumer the details of the methodology of a regulated benchmark used to calculate a variable interest rate

Linguistic Versions
- No. 13/2026

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12 Feb 2026

### Judgment of the Court in Case C-48/24 Vilniaus tarptautinė mokykla The obligation imposed by Lithuanian law on a private international school to review whether its staff meet a requirement for proficiency in the Lithuanian language potentially fails to have regard to freedom of establishment

Linguistic Versions
- No. 12/2026

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12 Feb 2026

### Formal sitting of the Court of Justice Solemn undertaking before the Court of Justice of the European Union by three new Members of the European Court of Auditors

Linguistic Versions
- No. 11/2026

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10 Feb 2026

### Judgment of the Court in Case C-97/23 P WhatsApp Ireland v European Data Protection Board GDPR: the action brought by WhatsApp Ireland against Binding Decision 1/2021 of the European Data Protection Board is admissible

Linguistic Versions
- No. 10/2026

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05 Feb 2026

### Judgment of the Court in Case C-572/23 P Puigdemont i Casamajó and Others v Parliament (Waiver of parliamentary immunity) The Court annuls the Parliament’s decisions waiving the immunity of Carles Puigdemont, Antoni Comín and Clara Ponsatí

Linguistic Versions
- No. 9/2026

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05 Feb 2026

### Judgment of the Court of Justice in Joined Cases C-364/24 and C-393/24 Fidenato Agriculture: Member States may under certain conditions prohibit the cultivation of genetically modified organisms (GMOs) in their territory

Linguistic Versions
- No. 8/2026

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27 Jan 2026

### Judgment of the Court in Case C-271/23 Commission v Hungary (Rescheduling of cannabis) Failure of a Member State to fulfil obligations: by voting against the Council’s common position regarding the rescheduling of cannabis, Hungary infringed EU law

Linguistic Versions
- No. 7/2026

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22 Jan 2026

### Advocate General’s Opinion in Case C-877/24 [Shamsi ] Illegal stay: according to Advocate General Spielmann, a return decision may be issued against an illegally staying third-country national who is serving a long prison sentence

Linguistic Versions
- No. 6/2026

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22 Jan 2026

### Judgment of the Court in Case C-144/24 Commission v Hungary (Additional mining fee) Freedom of establishment: the additional mining fee introduced by Hungary infringes EU law

Linguistic Versions
- No. 5/2026

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22 Jan 2026

### Judgment of the Court in Case C-554/24 P Poland v Commission (Retroactive annulment of interim measures) The Court of Justice dismisses Poland’s appeal against the judgment of the General Court concerning the annulment of the daily penalty payments imposed in the Turów mine case

Linguistic Versions
- No. 4/2026

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15 Jan 2026

### Judgment of the Court in Case C-129/24 Coillte Cuideachta Ghníomhaíochta Ainmnithe Access to environmental information (anonymous requests): Member States may require prior identification in order to ensure the proper functioning of procedures, even though EU law does not impose such a requirement

Linguistic Versions
- No. 3/2026

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15 Jan 2026

### Judgment of the Court in Case C-45/24 Verein für Konsumenteninformation (Commission collected by an intermediary) Cancellation of a flight: the refund of the airline ticket price must include the commission collected by an intermediary at the time of purchase

Linguistic Versions
- No. 2/2026

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15 Jan 2026

### Judgment of the Court in Case C-77/24 [Wunner] Online games of chance: a player may, as a general rule, rely on the law of his or her country of residence when bringing an action to establish liability in tort or delict on the part of the directors of a foreign provider that does not hold the required licence

Linguistic Versions
- No. 1/2026

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12 Jan 2026

### Information Openness and transparency: the Court of Justice of the European Union is modernising its digital communication

Linguistic Versions

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Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Various EU Institutions
Filed
March 12th, 2026
Instrument
Enforcement
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Legal professionals Law enforcement
Geographic scope
EU-wide

Taxonomy

Primary area
Criminal Justice
Operational domain
Legal
Topics
Rule of Law Human Rights

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