02
Thu, May
17 New Articles

In its recent judgment, the Supreme Court of Hungary examined the right of the employer to unilaterally determine the employee’s place of work, within the geographical area stipulated in the labour contract. In our article we examine what aspects shall the employer take into account and what are the employee’s rights in such cases, based on Hungarian case law.

The UK has not been a member of the European Union and thus of the comprehensive European framework for cross-border civil litigation since 1 January 2021. Within the EU, the Brussels I Recast-Regulation (Regulation [EU] 1215/2012) not only provides a set of common rules on the jurisdiction of the courts but also ensures rapid and simple recognition and enforcement of judgments in civil and commercial matters issued in the Member States. Under the Brussels I Regulation, judgments are enforceable without any declaration of enforceability. A judgment rendered in France or Romania can be enforced in Austria without much trouble and vice versa.

As of 1 January 2024, the Hungarian Parliament is expected to introduce a new framework for the conditions of residence and employment of third-country nationals in Hungary, significantly rewriting the existing rules.

Business activity generates thousands of documents, contracts, letters, invoices, and the like. This constitutes documentary material. This means that every entrepreneur and company in the Republic of Serbia, in one way or another, is either a creators or possessor of documentary material.

According to the opinion released yesterday by the advocate general of the European Court of Justice, the Hungarian regulation that prohibits foreign taxpayers from submitting their documents in the second instance (appeal) procedures in VAT refund cases violates European law. If the final judgment will align with this opinion, it would not only simplify the process for foreign businesses to claim VAT refunds in Hungary but would also open the possibility to reclaim previous VAT payments.

Dispute resolution clauses in contracts include arbitration agreements stating that the parties will attempt to resolve their disputes through mutual negotiation before going to arbitration proceedings, and if the dispute cannot be resolved in this way, arbitration proceedings will be resorted to.

In Hungary, adherence to regulatory requirements is pivotal for the operations of domestic legal entities or businesses. Recently, there have been discussions regarding the significance of possessing a domestic bank account as mandated by Hungarian law, and the implications for companies failing to meet these criteria.

On 15 December 2023, Austria's National Council of the Parliament (lower house) adopted the Flexible Company Act (Flexible-Kapitalgesellschafts-Gesetz, FlexKapGG), which introduces a new company form, the "Flexible Company" (FlexCo) as of 1 January 2024.

In early September of this year, the President of Ukraine signed the Law “On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation on Protection of Economic Competition and Activities of the Antimonopoly Committee of Ukraine” (the “Law”). 

Do defendants need to make a formal setoff statement against the creditor’s claim in front of the judge to extinguish the claimant’s claim? Or is it enough to refer informally to an earlier setoff made by them prior to the litigation? A fresh decision of the Hungarian Supreme Court, analysed in this article, gives answer to these questions.

In the summer 2022, the United States unilaterally terminated the US-Hungary double tax treaty with Hungary.

A foreign national, as well as a domestic citizen, assumes the status of a self-employed person when performing the duties of a director outside an employment relationship, i.e., based on a contract governing the mutual rights and obligations of the director, unless insured on a priority basis.

Last week, we discussed the topic of incentives for the improvement of energy efficiency and energy improvement/rehabilitation, and possibilities for individuals and housing communities in that regard. This time we would like to glance at incentives for energy improvement/rehabilitation for housing communities– residential and residential–commercial buildings connected to district heating systems, which may be obtained through the project called „Energy improvement/rehabilitation of residential, multi-family buildings connected to district heating system– Public ESCO Project“ which is initiated by the Ministry of Mining and Energy in collaboration with the European Bank for Reconstruction and Development. 

At the II National Regulators Conference it was announced that the Digital Citizenship programme to be launched between July and September 2024 and the necessary legislation to be submitted to the Parliament in November 2023. With this step the Hungarian Government follows the trend, where citizens are dealing at an increasing rate with administrative cases on their mobile phones.

The new Law on Electronic Media (“the Law“) has been published in the Official Gazette of the Republic of Serbia, no. 92/2023, and came into effect on November 4, 2023.

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