Daniel Freund isn't mincing words about why the decision to release €10.2 billion in frozen funds to Hungary should be investigated.

"We think that this decision was illegal and we want this checked now by the court," the German Green member of the European Parliament said, explaining why his party and a majority of lawmakers want the European Court of Justice to investigate the European Commission's December 13 decision to release the funds.

On Thursday, the court agreed to do so and the Commission has said it will defend itself. "The Commission considers that it acted in full compliance with EU law and will defend its decision before the EU courts," Christian Wigand, the body's spokesperson on justice, equality and rule of law, said.

The money released in December was part of a sum which had been withheld by the Commission a year earlier due its determination that Hungary was violating "rule of law principles," particularly with regard to judicial independence and that conditions in Hungary risk "jeopardizing the sound management of the EU's budget or the protection of its financial interests."

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