10 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT established that the name of the application was capable of influencing voters’ choice; therefore, no fine could be imposed for any possible unlawfulness. The assessment of the amount of the fine by the NEC was also erroneous, in the petitioner’s view. Since the Kúria had already found that the finding of unlawfulness in NEC decision no. 118/2016 was erroneous, no such unlawfulness could be established in the present case either. In the petitioner’s view, the method it used to express an opinion was not unlawful to an extent that would justify the imposition of a fine. The fact that it did not comply with NEC decision no. 118/2016 could not serve as the basis for a fine, since the decision was not final or legally binding. ... During the campaign preceding the referendum of 2 October 2016 on the question “Do you want the European Union to be entitled to order the mandatory settlement of non-Hungarian citizens in Hungary without Parliament’s consent?”, as initiated by the government of Hungary, the campaigning not only addressed the way in which the question was to be answered, but also the question whether to vote or to abstain from voting ... Based on the above, developing and providing voters with a mobile application encouraging them to cast an invalid ballot is likely to influence voters’ choice. Under section 140 of the Electoral Procedure Act, campaign material is any material that is likely to influence, or attempts to influence, voters’ choice; this is true also of the present mobile application. Under section 141 of the Electoral Procedure Act campaigning activity is any activity using campaign material during the campaign period, and any other activity likely to influence or attempting to influence voters’ choice during the campaign period. The NEC rightly established that the petitioner carried out campaigning activity during the campaign period as provided for in section 139 of the Electoral Procedure Act. The Kúria further examined whether the fine had been imposed in accordance with section 218(2)(d) of the Electoral Procedure Act. The Kúria emphasises that the general principles and rules of the voting procedure must be respected also when carrying out campaign activities. It does not share the observation of the applicant in relation to campaign activities to the effect that in the present case no fine could be imposed for the manner in which an opinion had been expressed. The applicant in the present case was not fined solely because of the manner in which an opinion had been expressed. The campaigning activity had been carried out contrary to the principle of exercise of rights in accordance with their purpose as enshrined in section 2(1)(e) of the Electoral Procedure Act. Therefore, imposing a sanction was in compliance with section 218(2)(d) of the Electoral Procedure Act. ...” 28. The MKKP lodged a constitutional complaint under section 27 of the Constitutional Court Act against the Kúria decisions of 10 and 18 October 2016. The complaint contained the following passages: “The complainant developed the application in question, available through the application stores Google Play (Android) and Apple Store (iOS), with a view to the referendum held on 2 October 2016. The application was developed as a response to the spreading of new communication channels on social media. Nowadays, it is common for citizens to express their experiences, thoughts and opinions by sharing photographs taken with their mobile telephones on various websites (Facebook, Instagram, Tumblr, blogs). In