HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
measures may be ordered without hearing the opposing party if the ensuing delay could cause irreparable harm. Protective Measures in the Code of Civil Procedure In the case of protective measures, the court may also hold a hearing. Orders granting pro- tective measures may also be appealed by any party. 6.4 Liability for Damages for the Applicant The court may make interim relief subject to the provision of a security if the opposing party sub- stantiates that, if granted, the interim relief may cause them such detriment that, in the event that they won, they would be entitled to claim dam- ages or compensation from the party requesting the interim relief. The court shall order that a security be provid- ed if the opposing party substantiates the loss suffered or if the party requesting interim relief offers a security and the opposing party accepts it. The acceptance of a certain sum does not amount to a waiver of the right to claim damages in a higher amount later. Damages and compensation for harm caused by interim measures that have turned out to be baseless may be sought only by parties to the proceedings who were directly affected by the interim measure in question. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Within the EU, such measures are equivalent to judgments and are thus enforceable pursuant to the Brussels 1a Regulation (No 1215/2012). Out- side the EU, the enforceability of such measures depends on any international convention or trea-
ty in force between Hungary and the intended place of enforcement in pending proceedings, whereas the application before the statement of claim defines the petitioned person as party. 6.6 Third Parties and Injunctive Relief Injunctive relief cannot be obtained against third parties. 6.7 Consequences of a Respondent’s Non-compliance If a respondent does not comply with the terms of an injunction, the general rules governing non- compliance with final and binding decisions will apply – ie, the injunction will be enforced. 7. Trials and Hearings 7.1 Trial Proceedings Bifurcation of Civil Litigation Proceedings into a Preparatory and a Substantive Phase The preparatory (“procedure entry”) phase The preparatory phase is aimed at determin- ing the scope of the proceedings through the accumulation of the parties’ statements as to the facts and the law and the accompanying evidence. The lawsuit is instituted when the court serves the statement of claim on the defendant, with the instruction to file a statement of defence in 45 days. It is up to the court whether it orders a fur- ther (or even more) round(s) of submissions (typi- cally a reply and a rejoinder are also filed) and whether it holds a preparatory hearing (which typically takes place). The parties may amend their claim and defence without restrictions in this phase, which is closed with a court order.
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