Fico: Slovakia Set to File Lawsuit with CJEU over Ban on Russian Gas

Fico: Slovakia Set to File Lawsuit with CJEU over Ban on Russian Gas
From left, Justice Minister Boris Susko and Premier Robert Fico at a press conference on 17 April 2026, regarding the Slovak Republic's lawsuit to be filed with the Court of Justice of the European Union concerning the ban on Russian gas imports (photo by TASR)

   Bratislava, 17 April (TASR) - Slovakia is set to file a lawsuit with the Court of Justice of the European Union (CJEU) regarding the ban on Russian gas imports imposed via an EU regulation of January 2026, Prime Minister Robert Fico (Smer-SD) told a press conference on Friday, adding that the ban should have been adopted unanimously by all EU-member states rather than by a qualified majority.
        The press conference was also attended by Justice Minister Boris Susko (Smer-SD), Economy Ministry State Secretary Szabolcs Hodosy, and a representative of the Office of Head Agent of the Slovak Republic before the Courts of the European Union, Adrian Lukacik.
        "We object to the fact that a qualified majority was used where it wasn't applicable, and that the right of a sovereign EU-member state to veto a decision was circumvented," stated Fico. Susko explained that the regulation was adopted on the proposal of the European Commission as an EU trade policy measure, meaning that it could be decided by a qualified majority. However, according to him, the restrictive nature and context of the regulation indicate that it was a decision intended to implement the European Union's foreign and security policy. He noted that a ban on imports of other raw materials was also approved unanimously.
        Susko further stated that the lawsuit is to be filed next week. "We're in the very final stage of finalising the text that we've drafted. We still need to structure it into the format of a lawsuit," he said. The premier recommended that the ministry should also request an injunction in the lawsuit that would suspend the validity of the regulation, as the court proceedings could take up to three years and Russian gas imports would no longer be possible. In addition, he noted that Slovakia must file the lawsuit by 27 April 2026, but he expects it to be filed earlier.
        Hungary has also filed a lawsuit seeking to invalidate the regulation of the Council of the European Union and the European Parliament. "As this lawsuit was filed earlier, we've now joined it, meaning that we can be active, we can express our views, and we can participate in the proceedings, but we didn't consider that to be sufficient," said Fico, pointing out that it's unclear how the new Hungarian government will deal with the lawsuit.
        The minister emphasised that he doesn't view the lawsuit as a conflict with the EU, but as a necessary tool for defending and protecting the fundamental principles upon which the EU is built. "The Court of Justice of the EU has never ruled on such a matter. The decision will truly be ground-breaking and will also determine the future development of the EU in legal areas. This means how decisions are to be made in the EU, and how the right of veto may or may not be used," said Susko.