HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
its examination on the merits (for example for lack of competence or jurisdiction of the court seized or because mandatory elements of the statement of claim are missing), such decisions shall be dealt with first. The court grants an appli- cation for dismissal by order, which includes no final determination of the case and does not pre- vent the plaintiff from bringing the same action anew (compare 4.3 Dispositive Motions ). 4.2 Early Judgment Applications In general, there are no early judgment applica- tions in Hungary. Dismissal on Procedural Grounds (With No Decision on the Merits) The defendant can apply for the dismissal of the statement of claim if at least one of the prerequi- sites of bringing an action is missing. The court then dismisses the claim and terminates the pro- cedure by order. The court may also do so ex officio. This is, however, not a judgment and has no res judicata effect, thus it does not preclude the claimant from bringing the same claim anew. For example, if the ground for dismissal was that a mandatory element of the statement of claim was missing, the plaintiff can bring a new action to assert the same claim with a proper statement of claim. Judgment in the First Hearing The earliest point in time when a judgment can be made is the first hearing. If a preparatory hearing is held, which is typically the case, (see 3.4 Initial Complaint ), it can be continued right
delimitated. Partial judgments can be rendered if (parts of) certain claims can be disposed of separately. 4.3 Dispositive Motions No Dispositive Motions Per Se Dispositive motions as such are, technically, not provided for in the Hungarian Code of Civil Procedure. A defence on procedural grounds (on the ground that a prerequisite of instituting proceedings is not fulfilled) will not result in a judgment on the merits with res judicata effect. Arguments in a Statement of Defence Akin to a Dispositive Motion and Early Judgments There may be situations akin to the result of a successful dispositive motion. For example, if the defendant invokes the expiry of the limita- tion period applicable to the plaintiff’s claim in its (substantive) statement of defence, the lat- ter is akin to a dispositive motion. If the court finds that the limitation period has expired, it will render a judgment on the merits dismissing the plaintiff’s claim with res judicata effect without going into the in-fact merits of the case. Such a decision will bar the plaintiff from raising the same claim against the defendant again. If the defendant pleads the plaintiff’s lack of standing, for example due to the invalidity of an assign- ment, the result will be similar. 4.4 Requirements for Interested Parties to Join a Lawsuit Prerequisites of Intervention Non-parties may join a lawsuit as an intervenor if they have a legal interest in the outcome to facilitate the success of the party having the same interest. Application and the Court’s Decision The intervenor must submit a written application to the court (or present it orally in a hearing),
away as a hearing on the merits. Interim and Partial Judgments
Interim and partial judgments can also be ren- dered. Both can be rendered ex officio. Interim judgments can be rendered on (the legal basis of) the claim if the dispute as to quantum can be
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