The Commission has decided to refer Hungary to the Court of Justice for breaching EU telecoms rules with the Hungarian Media Council's decision to reject Klubradio's application for the use of radio spectrum on highly questionable grounds. 

The Commission believes that Hungary is in breach of EU law by applying disproportionate and non-transparent conditions to renew Klubradio's rights to use the radio spectrum. 

The conditions attached to the use of radio spectrum and procedures to grant, prolong, renew or revoke those rights are subject to EU electronic communications rules set out in the European Electronic Communications Code (Directive (EU) 2018/1972). Under the EU electronic communication rules, the right to use radio frequencies must be assigned based on objective, transparent, non-discriminatory and proportionate criteria.

Moreover, the Commission considers that Hungary applied the relevant rules in a disproportionate and discriminatory manner and that Hungary failed to adopt timely decisions. Through its conduct, Hungary has also violated the freedom of speech enshrined in the EU's Charter of Fundamental Rights.