HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
which must be granted. If necessary, the court may hear the intervenor and the parties before granting the application. An application may be submitted until the order closing the preparatory phase is issued (for the bifurcated structure of civil litigation proceedings in Hungary see 7.1 Trial Proceedings ). Excep- tionally, this is possible until the closing of the last hearing before the first instance judgment is rendered if the intervenor becomes aware of its legal interest later through no fault of its own, provided that the judgment would be binding on the intervenor as well. Exclusion of the Intervenor From Ongoing Proceedings The court may exclude the intervenor from the proceedings if it turns out that the prerequisites of intervention were not fulfilled, or the interve- nor’s legal interest ceases to exist. Remedies Decisions denying intervention or excluding an intervenor may be appealed. 4.5 Applications for Security for Defendant’s Costs Prerequisites of an Order That the Plaintiff Must Provide Security for Costs A defendant may apply for an order that the plaintiff must pay a sum of money as security for the defendant’s costs if the plaintiff’s domi- cile, habitual residence or seat is not in an EU member state, a party to the EEA Agreement or a state equivalent to the latter by virtue of an international treaty. Exceptions No security can be required if an international treaty provides otherwise, the plaintiff is exempt from costs, or a claim of a defendant acknowl-
edged by the claimant or real or other registered property of the plaintiff in Hungary function as security. 4.6 Costs of Interim Applications/ Motions Costs In the absence of specific rules, the general rules on costs apply (see 11. Costs ). Provision of Security In justified cases, the court may order the provi- sion of security sua sponte and must do so upon the request of one party if that party substanti- ates a detriment corresponding to the security or if the applicant offers a security and the oppos- ing party accepts it. 4.7 Application/Motion Timeframe Time Limits Applicable to the Initial Procedural Steps in the Code of Civil Procedure The Code of Civil Procedure includes a general time limit of 30 days within which the court must act (from receipt of a submission, expiry of the time limit within which a submission is to be filed or the occurrence of other events requiring action on the part of the court). In addition, with respect to certain procedural acts and decisions, specific (shorter) timeframes are foreseen. For example, if a decision denying an application for intervention or excluding an intervenor from the proceedings is appealed, the court must transfer the appeal and the relevant documents to the second instance court within eight days, which needs to render a decision on the appeal within 15 days. Other legislative acts may also provide for time limits within which a court must act. For exam- ple, in accordance with the relevant provisions of
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