Decision of the Curia of Hungary in civil case no. Pfv.II.21.261/2019

Full text 2020 02 pk unios vonatkozasu hatarozat hu - 109.06K (new tab)
Title of press release/summary Summary of the decision of the Curia of Hungary in civil case no. Pfv.II.21.261/2019
Press release No/summary -
Full text of press release 2020 02 pk unios vonatkozasu hatarozat osszefoglalo en - 38.4K (new tab)
ECLI Number -
ELI Number -
Original language of the decision hongrois
Date of the document 04/02/2020
Originating court Kúria (HU)
Subject matter
  • Judicial cooperation in civil matters
EUROVOC topic
  • legal person
  • land and buildings
  • right to property
Provision of national law -
Provision of EU law cited
Provision of international law -
Description

No specific rule is provided in the Regulation as to how a party’s application for the transfer of a case should be dealt with. Since the party may decide, on his/her own, which court (s)he would like to bring the case before – hence, the plaintiff was also entitled to lodge her application with the German court –, once such application is submitted to the competent Hungarian court, it must be dealt with by the latter. The plaintiff was wrong to argue that, based on her application, the Hungarian court had been obliged to request the transfer of the case, because the Regulation had not provided for such an obligation. Article 15, paragraph (2) of the Regulation refers back to paragraph (1) of the aforementioned Article, and the latter paragraph expressly uses the term “may” in that regard (“may invite the parties to introduce a request before the court of that other Member State” and “may request a court of another Member State to assume jurisdiction”). It follows from the foregoing that the mere submission of an application for the transfer of a case to a court not having jurisdiction does not automatically oblige the latter to initiate the transfer of the case. Nevertheless, the court not having jurisdiction is required to rule on such an application: if the application is granted, then the court may request the transfer of the case based on Article 15, paragraph (2), point c) of the Regulation, while if the application is rejected, the court has to give reasons for the rejecting decision.