Judgment_paragraph 101 · European Commission v Hungary (C-78/18)

101As follows from the Court’s case-law, where a Member State argues that a measure of which it is the author and which restricts a fundamental freedom guaranteed by the FEU Treaty is justified on the basis of that Treaty or by an overriding reason in the public interest recognised by EU law, such a measure must be regarded as implementing Union law within the meaning of Article 51(1) of the Charter, such that it must comply with the fundamental rights enshrined in the Charter (judgments of 21 December 2016, AGET Iraklis, C‑201/15, EU:C:2016:972, paragraphs 63 and 64, and of 21 May 2019 Commission v Hungary (Rights of usufruct over agricultural land), C‑235/17, EU:C:2019:432, paragraphs 64 and 65).