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Media freedom: The Commission calls on Hungary to comply with EU electronic communications rules

The Commission decided to send a reasoned opinion to Hungary regarding a decision made by the Hungarian Media Council to reject Klubradio's application for the use of radio spectrum on highly questionable grounds.

photo of a radiostation studio with microphone and computer screens

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The conditions attached to the use of radio spectrum and procedures to grant, prolong, renew or revoke those rights are subject to EU telecoms rules, set out in the European Electronic Communications Code (Directive (EU) 2018/1972). Key elements of these rules are the principles of proportionality and non-discrimination. The Commission believes that the decisions of the Hungarian Media Council to refuse renewal of Klubradio's rights were disproportionate and non-transparent and thus in breach of EU law. The Commission also considers that the Hungarian national media law has been applied in a discriminatory way in this particular case. The Commission opened the infringement procedure by sending a letter of formal notice on 9 June 2021 to the Hungarian authorities, and the response sent by the Hungarian authorities did not satisfy the concerns raised by the Commission. If Hungary does not bring its decision in line with EU telecoms rules within 2 months, the Commission may decide to refer the case to the Court of Justice of the European Union.