HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
national bank), such an action may be brought by the parties (persons or organisations) specifi- cally designated in the relevant act. The action shall be brought in favour of a group of benefi- ciaries defined in the statement of claim (and later in the judgment to be rendered). Members of the group will be entitled to claim performance in view of the judgment. Where claims directed at performance are not possible, declaratory actions are also admissible. Associated/class actions (joint process) In certain subject matters an associated action may be brought by at least ten plaintiffs provided inter alia that • their claims are identical in content; • this so-called representative claim is based on the same facts; and • the associated lawsuit is approved by the court seized. The court first examines whether these pre- requisites of an associated action are fulfilled, but may also discretionally deny the request to approve an associated action if it deems such action to be inefficient. Associated actions may only be brought in the subject matters designated in the Code of Civil Procedure. These are claims arising out of con- sumer contracts, labour law actions and (dam- ages) claims arising out of damage to health because of the pollution of the environment. In associated actions the plaintiff designated in the statement of claim proceeds in the name of the
(merely through amendments to the Consumer Protection Act) has already been passed. Joinder of Parties Several plaintiffs can also sue (a) defendant(s) jointly if the effect of the judgment would apply to them anyway, their claims arise from the same legal relationship or their claims arise from a similar factual and legal basis and the same court has territorial competence for all claims. This may have the result that separate actions must be brought before different regional courts (maybe before all of them) despite the cause of action and the defendants being the same. 3.8 Requirements for Cost Estimate There are no requirements to provide clients with a cost estimate of the potential litigation at the outset. In practice, clients typically do ask for estimates, which is of course advisable. There are very limited possibilities to make applications and motions before filing a state- ment of claim. The two relevant scenarios in the Code of Civil Procedure are injunctive motions in exceptional cases (see 6.1 Circumstances of Injunctive Relief ) and the preliminary taking of evidence (see 5.4 Alternatives to Discovery Mechanisms ). Several applications and motions may be includ- ed in the statement of claim. These include, for example, injunctive motions or requests for an exemption from (part of the) costs. 4. Pre-trial Proceedings 4.1 Interim Applications/Motions Several applications may be made in the state- ment of defence as well. If the defendant seeks the dismissal of the statement of claim without
associated plaintiffs too. Compliance With EU law
Legislation transposing the Directive (EU) 2020/1828 on representative actions for the protection of collective interests of consumers
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