HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
Revision and Uniformity Complaint The adjudicating senate and the uniformity sen- ate of the Kúria can only review questions of law and derogation from the existing case law within the limits of the respective motions and cannot review the facts of the case. No evidence may be taken. The adjudicating senate of the Kúria renders its decision on the evidence that was present when the final and binding (second instance) decision was rendered. The scope of review encompasses only those facts that had occurred until said decision was rendered and that were adjudicated upon. 10.5 Court-Imposed Conditions on Granting an Appeal Appeal Only remediable formal defects may be cured by the party lodging the appeal. If a ground for the termination of the proceeding exists which can be cured by a party or by approving of the procedure, the court requests the parties to do so within a time limit set by the court before annulling the first instance judgment in whole or in part and terminating the procedure (see 10.6 Powers of the Appellate Court After an Appeal Hearing ). Otherwise, the court does not make granting the appeal conditional upon further acts to be performed by the parties, and no additional pre- requisites are imposed in case of requests for revision and uniformity complaints either. 10.6 Powers of the Appellate Court After an Appeal Hearing Appeal The second instance court may: • annul the first instance judgment and termi- nate the proceedings in whole or in part if a ground for the termination of proceedings
existed in the first instance procedure or exists in the second instance procedure; • annul the first instance judgment in whole, remand the case and instruct the first instance court to proceed anew and render a new decision (this is mandatory in the case of specified serious procedural mistakes and optional if the first instance procedure needs to be complemented or repeated if significant non-compliance with procedural rules has affected the decision on the merits and it is not possible or not reasonable to cure the defect in the second instance); • decide on the merits by affirming the con- tested decision; • decide on the merits by modifying the con- tested decision (including the decision on motions on which the court of first instance did not deliberate and did not render a deci- sion) if there is no ground for annulling the decision; • render an interim or partial judgment; • render a decision on who bears the part of costs related to motions on which a final decision has been rendered; and • approve a settlement reached in the second instance proceedings. Revision The Kúria may: • dismiss the request for revision as inadmis- sible; • stay the revision proceedings and initiate uni- formity proceedings, the Kúria may do so: (a) when a lower court has derogated from a precedent, but such derogation is justified in view of the Kúria and (b) if the Kúria itself derogates from a prec- edent with no lower instance decision having been rendered to this effect;
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