Judgment_paragraph 45 · European Commission v Hungary (C-286/12)

45It is important to note in that regard, however, that, in accordance with the case‑law referred to in paragraph 41 of the present judgment, the date which must be used by the Court for the purpose of determining whether Hungary was in breach of its obligations is 7 April 2012. The retroactive nature of the Alkotmánybíróság’s judgment cannot therefore render the present action devoid of purpose since the repeal of Articles 90(ha) and 230 of the Law of 2011 on judges results from an event which took place after that date and which, for that reason, cannot be taken into account.