Gabor Horvath, former Senior Legal Counsel & Ethics Officer at GDF Suez, has joined the Kapolyi Law Firm as Head of Corporate/M&A.
One does not simply walk into the courtroom and hope for the best. To win a civil case you will need to navigate through the strict formalities that were introduced by the new Hungarian civil procedure code. It closed many well-known paths of litigation tactics and antics but also opened up new possibilities.
Under a non-compete agreement, the employer may restrict the ex-employee’s business activity for a period of maximum 2 years following the termination of employment and in exchange, the employer shall pay adequate compensation to the employee - the amount of which may not be less than 1/3 of the base wage due for the same period. The Hungarian Supreme Court (Curia) published in September 2019 a report on the judicial practice relating to non-compete agreements, which highlights the following findings:
On 24 September 2019 the commencement of the electronical land registry (E-Land registry) project was announced aiming at the development of real estate and land issues. As a result of the E-Land registry, a safer, more transparent and faster system will be established, which would also enable automatic decision-making processes. This step follows the electronization of the administrative processes resulting in the decrease of the lead time and costs of the land registry procedures and the increase of the legal certainty.
What did the GDPR bring us? “A lot of compliance work,” most clients would say, after months of tough and challenging work implementing the European Union’s new comprehensive data protection regulation. And in many cases that work is still unfinished. The prevalent view on the market is that the regulation is an artificial creation of another compliance requirement upon data controllers. But is it fair to say that the GDPR brought nothing but a very expensive compliance exercise?
In September 2019, the Hungarian Supreme Court (Curia) stated in its decision that even in case of a warning strike, the employer must be notified on the strike at a time that allows the exercise of its right to prevent damages caused by the stop of operations, and also to perform its obligation to protect life and property and to perform any organisational work related to these rights and obligations.
It has long been a problem that the tax authority refuses to refund to a supplier the VAT that has already paid by him, even if the customer has not paid the gross purchase price at all. However, in a recent ruling, the European Court of Justice has clearly ruled that if the claim has become definitively unrecoverable, the Hungarian tax authority NAV is also required to refund the VAT on that claim to the seller. This decision now also allows other affected taxpayers to request a refund of the VAT on their unrecoverable receivables within a maximum of six months.
This April, the new EU foreign investment screening regulation entered into force, with terms scheduled to become applicable on October 11, 2020. The regulation was conceived and designed to provide member states with a valuable tool to employ in defending their strategic interests. We spoke to several experts in the region to learn more.