Author: Vajk Varai-Jeges

The Staged Action in Distribution Law

I. General remarks on staged actions The staged action under section 254 of the German Code of Civil Procedure (ZPO) is of considerable practical importance in distribution law, particularly in commercial agency law. Typical disputes concern, for example, possible claims of the commercial agent for further commission payments. In order to quantify such claims, certain […]

CJEU: The unfairness of exchange-rate risk must be examined even despite state-mandated conversion into forints

Despite the state-mandated conversion into forints, the national court must examine whether the bank acted unfairly when, in a foreign-currency loan agreement, it shifted the entire exchange-rate risk onto the consumer. For years, we have emphasised that the practice of the Hungarian courts, inspired by the Curia, under which they repeatedly ruled in favour of […]

On the Need for Translation of Documents in Service within the European Union

Where a judicial or extrajudicial document in a civil or commercial matter is to be transmitted from one EU Member State to another for the purpose of service, the EU Service Regulation applies (“Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member […]

The managing director’s contract may also be terminated orally

According to the Schleswig-Holstein Regional Labour Court (LAG Schleswig-Holstein), unless otherwise provided by contract, the managing director’s employment contract may also be terminated orally. The court dismissed the claim brought by a former managing director seeking payment of further remuneration. According to the judgment, the employment relationship no longer existed at that time. Although no […]

Schleswig-Holstein Regional Labour Court: Managing Director’s Service Agreement Can Be Terminated Orally

Unless otherwise agreed contractually, the Schleswig-Holstein Regional Labour Court has held that a managing director’s service relationship may also be terminated orally. It dismissed the claim brought by a former managing director who sought continued remuneration. According to the court’s latest judgment, however, the service relationship no longer existed. There was no written termination agreement; […]

Regional Court of Celle: No Penalty for Recruiting Members for ISIS

The Regional Court of Celle found a 23-year-old guilty of recruiting members for the terrorist organisation ISIS. Nevertheless, it imposed no penalty, as the requirements for imposing a youth sentence were not currently met. Although the defendant displayed harmful tendencies, it could not be established that these tendencies made a penalty necessary. The offender was […]

Court of Justice of the European Union: Hungary may not delete EU citizens’ usufruct rights over agricultural land

Since 1 January 2013, a law has been in force in Hungary under which usufruct rights over agricultural land may be granted to EU citizens only if they are “close relatives” of the owner. Since, for 20 years, ownership rights could be acquired only by Hungarian nationals, the owners are generally Hungarian citizens. In addition, […]

Substantial compensation, potentially in the range of hundreds of thousands of euros, in the event of a fatal accident in Italy

As a result of intensive negotiations with the insurer Inter-Europa SA, our firm succeeded in obtaining compensation / non-material damages in the range of several hundred thousand euros for the relatives of a Hungarian citizen who died in a road traffic accident in Italy. We consider the success of our negotiations to lie in the […]

When Do You Need a Lawyer in Hungary?

There are situations in which the involvement of a lawyer admitted in Hungary cannot be avoided. In other cases, instructing a lawyer may not be mandatory, but is highly advisable. 1. Where is legal representation mandatory in Hungary? • Lawyer in Hungary: before the regional courts, courts of appeal and the Supreme Court With very […]

What rights may buyers have against manufacturers and dealers in connection with the “emissions scandal”?

In the United States, the corporate groups involved in the manipulation have already paid compensation to customers affected by the diesel scandal. In Europe, by contrast, purchasers who drive a manipulated diesel vehicle only rarely assert claims against the manufacturer or dealer. However, claims may be brought on several legal grounds. Do you also drive […]