53By its third head of complaint, which it is appropriate to examine in the second place, Hungary claims that, by refusing to allow the President of Hungary access to its territory, the Slovak Republic breached Directive 2004/38, and that the very fact of basing the note verbale of 21 August 2009 on that directive comes under the concept of the abuse of rights as defined by the Court’s case-law (see, inter alia, Case C-110/99Emsland-Stärke [2000] ECR I-11569). In reality, it is claimed, the Slovak Republic invoked that directive in order to pursue political aims.