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

Cjelovit tekst 2020 02 pk unios vonatkozasu hatarozat hu - 109,06K (nova kartica)
Naslov priopćenja za medije / sažetka Summary of the decision of the Curia of Hungary in civil case no. Pfv.II.21.261/2019
Broj priopćenja za medije / sažetka -
Cjelovit tekst priopćenja za medije 2020 02 pk unios vonatkozasu hatarozat osszefoglalo en - 38,4K (nova kartica)
Broj ECLI -
Broj ELI -
Izvorni jezik odluke hongrois
Datum dokumenta 04/02/2020
Sud porijekla Kúria (HU)
Područje
  • Pravosudna suradnja u građanskim stvarima
Područje EUROVOC
  • pravna osoba
  • zemljišno vlasništvo
  • pravo na vlasništvo
Odredba nacionalnog prava -
Odredba prava Unije na koju se upućuje
Odredba međunarodnog prava -
Opis

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.