HUNGARY Law and Practice Contributed by: Tamás Éless, Zsolt Farkas, Sarolta Szabó and Lili Bischof, Oppenheim Law Firm
Second, judgments of other foreign courts may be enforced based on Hungarian law, international con- ventions or reciprocity. Procedure for Recognition of a Foreign Judgment The recognition of a foreign judgment shall take place upon the request of the party seeking for enforcement in Hungary. The Hungarian court shall verify whether the judgment is in compliance with the respective rules and prerequisites of enforceability. The merits of the case in which the judgment was brought will not be examined. If the foreign judgment complies with the applicable rules in respect of recognition and enforceability, the court issues an enforcement certificate stating that the judgment shall be enforced in the same way as decisions of Hungarian courts. The general legal remedy available against judgments is called an appeal, which shall be considered by the second instance courts. Against the second instance judgment, there is no further appeal available in civil proceedings and it becomes final and binding once adopted. In the course of review proceedings, the Supreme Court may review final and binding judgments as an extraordinary legal remedy. 10.2 Rules Concerning Appeals of Judgments An appeal may be brought against a first instance judgment and against court orders where the CCP expressly provides for the possibility of appeal.If the appellant so requests, the court of second instance may also examine any order that the first instance court has addressed in its judgment, or any order that may be challenged within an appeal against the judg- ment – although not separately – together with the judgment itself. An appeal may be lodged by a party or by any other person affected by the judgment, although the lat- 10. Appeal 10.1 Levels of Appeal or Review to a Litigation
ter may challenge only the parts of the judgment that concern them. 10.3 Procedure for Taking an Appeal Second instance proceedings shall be initiated by the appellant by filing his or her appeal in writing with the court of first instance within 15 days following the delivery of the written judgment. The court of first instance examines the appeal on for- mal grounds and may decide to reject the appeal, to call upon the appellant party to remedy the deficien- cies of the appeal or to send it to the second instance court if it finds that the appeal is acceptable. Unless otherwise provided in the CCP, in proceedings of second instance, the provisions on proceedings of first instance shall apply, with the provision that the proceedings of second instance shall not be split into preparatory and evidentiary stage. 10.4 Issues Considered by the Appeal Court at an Appeal The Extent of Review in Appeal Proceedings The CCP allows the court of second instance to review the lawfulness of the proceedings of the court of first instance. This may be done at the request of the party, and ex officio in exceptional cases. Second, the court of second instance may also review the first instance judgment with respect to its compli- ance with substantive law, including revising the evi- dence and legal conclusions. In summary, an appeal means that the competence of the court of first instance is, as a general rule, trans- ferred in its entirety to the court of second instance, which remedies the infringement of rights within its competence. Rules on New Facts and Evidence As a general rule, new evidence and new facts may be presented only if the party submitting the appeal becomes aware of such facts or evidence after the issuance of the first instance decision.
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