HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
No hearing needs to be held unless a party so requests, the court deems it necessary, or evi- dence needs to be taken in a hearing. Revision A request for revision is to be brought within 45 days of receipt of the decision contested in the revision proceedings. The request for revision shall be filed with the court that has proceeded in the first instance. By default, revision pro- ceedings are governed by the rules applicable to appeal proceedings. Requests for revision have no automatic suspensive effect but a stay of enforcement may be granted upon request. Uniformity Complaint Uniformity complaints may be filed with the Kúria within 30 days of receipt of the contested deci- sion of the Kúria . Uniformity complaints have no automatic suspensive effect, but a stay of enforcement may be granted upon request. Interim measures may also be requested. The uniformity complaint senate renders its decision in a closed deliberation. 10.4 Issues Considered by the Appeal Court at an Appeal Scope of Limits of Review by the Appeal Court Generally, the court of second instance may review both the conduct of procedure and the decision rendered by the first instance court as to both the procedure and the merits. With respect to the merits, the second instance court may review the decision as to: • the (taking of) evidence; • the facts; • the deliberation; • the law;
• whether the first instance procedure was conducted in compliance with the applicable rules; and • whether the contested decision complies with the applicable substantive law. The court of second instance may: • draw different conclusions from the evidence taken or take evidence itself and modify the factual basis established in the contested decision; • draw different conclusions from the facts than the first instance court; • redeliberate discretionary decisions of the first instance court even if no violation of the law is present; and • decide questions on which the first instance court did not deliberate and did not render a decision. The second instance court may exercise these powers only within the limits of the appeal and the defence to the appeal, except for grounds for mandatory annulment, which shall be taken into account ex officio. If the court of second instance notices a proce- dural shortcoming in the procedure conducted by the first instance court or when the second instance court notices that the court of first instance did not provide appropriate guidance as to the substance of the dispute, it shall point this out to the parties and deal with these only if the party having lodged the appeal so requests. Altogether the second instance appellate pro- ceedings amount to more than a mere review and rather form a continuation of the first instance (devolution effect of appeal) and thus a re-hearing.
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