HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
Appeal Appeal is the ordinary means of recourse against first instance decisions and results in a broad review by the court of second instance. The appeal filed within the statutory deadline pre- vents the judgment from becoming final and binding and leads to a substantive continuation of the litigation (effects of suspension and devo- lution) in the appellate instance. Revision Revision is the extraordinary remedy against final and binding judgments. It may be sought before the Kúria (the supreme court of Hungary) on the grounds of legal errors in the decision or the deviation of the decision from the practice of the Kúria . In general, judgments rendered in the second instance by courts of appeal are subject to revi- sion; in those cases, revision is ex lege admis- sible (revision is not admissible against several types of decisions, whereas in certain cases revision may be allowed if the statutory prereq- uisites for it are fulfilled). The grounds for revision are mistakes of law that have affected the merits of the case and derogations from the published decisions of the Kúria , from which neither lower courts nor senates of the Kúria can deviate. Uniformity Complaint An additional extraordinary means of recourse against decisions of the Kúria (rendered after 1 July 2020) is the so-called uniformity complaint, which may be filed with the Kúria against deci- sions that deviate from published decisions of the Kúria rendered after 1 January 2012. Uni- formity complaints fall within the competence of a special uniformity complaint senate of the Kúria . The senate may annul the contested deci- sion of the adjudicating (revision-level) senate of
grant the (simultaneous) application for an attes- tation/declaration of enforceability, which is a prerequisite of the enforcement of a title by a bailiff. This declaration of enforceability must be issued by the competent court in cases of foreign and domestic judgments alike (including judg- ments falling within the scope of the Brussels Regulation, in which case no separate order on exequatur is necessary), and in cases of arbi- tral awards (see 13.4 Procedure for Enforcing Domestic and Foreign Arbitration ). The proce- dure is formal, the request and the court’s deci- sion are based on a form. The court examines only the prerequisites of issuing the declaration of enforceability and issues the declaration if: • the decision imposes an obligation (orders performance); • is final and binding (or preliminarily enforce- able); and • the deadline for performance has expired. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation Three means of recourse make it possible to have a decision reviewed by a higher forum: • appeal (against first instance decisions); • revision (typically against second instance decisions); and • a uniformity complaint (against revision/third instance decisions). This provides altogether for three levels of review.
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