HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
the Kúria and instruct the latter to proceed anew and render a new decision. Constitutional Complaint Final and binding judgments – including uni- formity complaint decisions of the Kúria – are subject to constitutional review by the Consti- tutional Court, which, in case of a breach of the Fundamental Law, can annul court decisions. In such cases the Constitutional Court’s decision functions as a kind of extraordinary relief and will be channelled back into the litigation by way of a retrial. 10.2 Rules Concerning Appeals of Judgments Appeal Taking an appeal is subject to compliance with the form requirements provided for in the Code of Civil Procedure and the payment of the appli- cable court fee. The grounds for appeal to be specified in the motion are the points that are subject to review by the court of second instance (see 10.4 Issues Considered by the Appeal Court at an Appeal ). The motions for relief shall also be aligned with the powers of the second instance court (see 10.6 Powers of the Appel- late Court After an Appeal Hearing ). The party opposing the appeal may file a defence within 15 days of service of the appeal on it by the court. Revision The revision of final and binding (by default sec- ond instance) decisions may be requested: • because of the violation of a provision of (pro- cedural or substantive) law that has affected the outcome on the merits; and • when the final decision derogates from a published precedent rendered earlier by the Kúria .
Revision is excluded in several subject matters as well as in cases where the disputed amount does not exceed HUF5 million (approximately EUR13,000), Further, revision is also excluded where the second instance court has upheld the decision of the first instance court with reference to the same legal provisions and with the same reasons. In these cases, the Kúria may still admit a request for revision upon a separate request for admission where this is justified by the necessity of the further development of case law, the sig- nificance of the question of law at hand, public interest, or the necessity of obtaining a prelimi- A uniformity complaint may be filed against a decision of the Kúria derogating from an earlier Kúria precedent: • if the derogation has already been invoked earlier (in a request for revision) but has not been eliminated by the Kúria in the revision proceedings; and • when the Kúria has derogated from a prec- edent without having initiated uniformity pro- ceedings and without such derogation having been made by a lower court earlier. 10.3 Procedure for Taking an Appeal Appeal nary ruling of the CJEU. Uniformity Complaint An appeal must be lodged within 15 days of ser- vice of the decision of the first instance court. The appeal is to be filed with the court of first instance, which: • instructs the party lodging the appeal to rem- edy any formal defects; • dismisses the appeal if it is inadmissible; or • when neither of the former applies, forwards the appeal to the second instance court to proceed.
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