HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
and competition law claims where instant pro- tection of infringed exclusivity rights demands swift granting of interim measures. Preliminary Enforceability Certain types of first instance decisions listed in the Code of Civil Procedure may be declared preliminarily enforceable despite not being final and binding yet. Decisions ordering interim measures are ex lege preliminarily enforceable. Protective Measures Pursuant to the Enforcement Act Protective measures directed at securing the plaintiff’s pecuniary claims or the seizure/freez- ing of the defendant’s assets may be ordered in several scenarios. For example, protective measures may be ordered by the court having competence to issue an enforcement certificate when no such deed can be issued yet because the claim is based on a decision that is not yet enforceable (when the decision is not yet final and binding or when the time limit for performance has not yet expired). Further, protective measures may be ordered in ongoing lawsuits by the court seized of: • a matrimonial property action; • an action brought because of the violation of IP rights and business secrets; or • any other action in which it has been proven with public deeds or private deeds of full pro- bative value that a claim in a certain amount exists and has expired (this latter ground applies mutatis mutandis if an arbitration has been initiated). Protective measures in the amount of up to HUF400 million (approximately EUR1 million)
may be ordered in some further scenarios too, in particular if fees under a construction contract for design and build are payable pursuant to a judgment in the sum determined by the so-called Expert Body for the Certification of Performance (a Hungarian institution) or if an action has been brought to assert such a fee claim based on an expert determination of said Expert Body. If a measure directed at securing pecuniary claims is issued, the court bailiff serves the order on the defendant in person and first invites the debtor to pay them the determined amount. In cases of non-compliance, the bailiff instructs the defendant’s bank to freeze the amount in question and, if necessary, seizes the defend- ant’s property (property may be seized only to the extent the claim is not covered by the frozen amount). 6.2 Arrangements for Obtaining Urgent Injunctive Relief The court seized of an injunctive motion or an application for protective security measures shall deal with the application immediately, but at the latest within eight days. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Interim Measures in the Code of Civil Procedure It is generally not possible to obtain interim relief on an ex parte basis. In the case of an injunctive motion, the court shall provide the other party with an opportunity to respond to the injunctive motion. If the court deems it necessary, it may hear the parties on the injunctive motion. Interim measures can also be appealed by any party. In certain matters, however, special rules may be applicable. For example, in line with the relevant EU directives, in IP cases, and in the context of private enforcement of competition law, interim
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