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“As a law professor, I’d say at best it’s 50/50, there’s a higher standard of proof that has to be met,” said René Repasi, a German social democrat MEP.

“I find it hard to say but I’m not overly optimistic [about the Parliament’s chances],” said Nguyen of the Jacques Delors Centre.

What are the next steps?

After a majority of group leaders — apart from the right-wing European Conservatives and Reformists and far-right Identity and Democracy — gave their consent last Thursday for the Parliament to pursue the lawsuit, the institution has a green light and no plenary vote will be needed. The Parliament has until March 25 to bring the case before the Court in Luxembourg, according to the institution’s press service. 

After a majority of Parliament group leaders gave their consent to pursue the lawsuit, the institution has a green light and no plenary vote will be needed | Photo-illustration by POLITICO (source images from Getty)

Repasi said the fastest a decision could come from the Court would be December — which would be around the time a new European Commission would likely be bedding in. 

Any decision would be final as there could not be an appeal, he added. 

If the Parliament wins the case and the Court finds that the money was illegally doled out, “the Commission would be under the obligation to recover it and if Hungary refuses to pay back, they can deduct it from funds that Hungary is entitled to,” Repasi said. 

Meanwhile, the money is being gradually paid back in installments to Budapest. Some €20 billion remains frozen. 

Claudia Chiappa contributed reporting. 

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