Case C-66/18

On October 6, 2020, the Court of Justice of the European Union (CJEU) handed down its judgment in Commission v. Hungary. It found that Hungary had violated the General Agreement on Trade in Services (GATS), as well as internal European Union law-specifically the EU Charter of Fundamental Rights (EU Charter). The case arose out of Hungary's 2017 amendment to its higher education law. The amendment imposed two novel requirements on foreign universities operating in Hungary. It barred any non-EU university from operating unless its country of origin concluded a specific enabling treaty with Hungary. Moreover, it required that the foreign university actually provide educational services in its country of origin. While framed in general terms, it is hard to avoid the conclusion that the 2017 amendment was aimed at ending the operations of the Central European University (CEU) in Hungary.