57Consideration must be given, first, to whether, as Hungary maintains, Article 78(3) TFEU is to be interpreted to the effect that acts adopted under it must be classified as ‘legislative acts’ on the ground that the requirement for consultation of the Parliament which that provision imposes constitutes a form of participation of that institution within the meaning of Article 289(2) TFEU, with the consequence that such acts must follow the special legislative procedure. That did not occur in the case of the contested decision.
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