On 16 October 2012, Daniel Šváby, Judge at the Court of Justice of the EU, read the Case 364/10 Hungary v Slovakia on freedom of movement for persons, at the Court of Justice of the EU, in Luxembourg.
The Court of Justice of the EU ruled that Slovakia did not breach EU law by refusing entry into its territory to the President of Hungary.
The fact that an EU citizen performs the duties of Head of State is such as to justify a limitation, based on international law, on the exercise of the right of free movement. The Court finds that EU law did not oblige Slovakia to guarantee access to its territory to the President of Hungary.
Similarly, while Slovakia was wrong to rely on Directive 2004/38 as a legal basis for refusing the President of Hungary access to its territory, the fact that it did so does not constitute an abuse of rights within the meaning of the Court’s case-law.
In those circumstances, the Court dismisses Hungary’s action in its entirety.
Only the original language version is authentic and it prevails in the event of its differing from the translated versions.