In its recent decision issued on 27 January 2022, the Constitutional Court annulled an important rule of the Tax Procedure Act with regards the prolongation of limitation period. The decision is fundamentally beneficial for taxpayers, but also triggers some uncertainty for repeated proceedings going forward.

In the past years, several new EU Member States have started investigations regarding the quality of products. Investigations showed that in many cases products have more detailed descriptions attached, or simply have more active substance if they are sold in the Western Member States than in the Central and Eastern European Member States. It was suspected for a long time that there are quality differences between the same products, sold in the same packaging but in different countries.

On 14 December 2021 certain acts of agricultural subject were amended by the Hungarian Parliament, affecting inter alia the Act on Protection, Management of Wildlife and Hunting, the Forest Act, the Act on Transactions in Agricultural and Forestry Land (Land Transactions Act) and the Act on the Termination of the Undivided Joint Ownership on lands.

Several modifications of the company rules in the Hungarian Civil Code entered into force with effect of 1 January 2022. One of the most important changes is that the rules on additional payment (in Hungarian: “potbefizetes”), which were applicable only for limited liability companies, have been transferred to the common rules of companies, resulting in that the possibility to require additional payment from the members is available also for general partnerships, limited partnerships and private limited companies.

At the beginning of November 2021, a bill was submitted to the Hungarian Parliament on the temporary provisions relating to the new Land Registry Act and on the amendment of certain acts of cultural subject and relating to the land registry, spatial planning (in Hungarian: “teruletrendezes”) and urban planning (in Hungarian: “telepulesrendezes”).

In order to respond quickly to the challenges caused by the pandemic in the workplaces, the Hungarian Government introduced temporary regulation on teleworking in 2020. Since these provisions are applicable only during the state of emergency, the modification of the Labour Code and the Act on Safety at Work are on agenda with the aim of clarifying the provisions on teleworking on a permanent basis. The proposed modification is in line with the rules on teleworking specified in the Government decrees currently in force.

The European Court of Justice (ECJ) confirmed once again that VAT deduction is fundamental part of the VAT mechanism and thus can only be narrowly restricted or limited.

Mihály Varga, Minister of Finance of Hungary has introduced many changes in tax legislation as of 1 January 2022 with an estimated HUF 750 billion to be left at the private sector. According to the statement of the Minister, tax reductions became achievable, as the economic growth of Hungary rose over 6,1%.

In 2018, the Hungarian Constitutional Court established in its decision that there was an infringement of the Fundamental Law by omission in connection with the entry into force of the amendment of certain acts relating to land-compensation. The issue was that the legislator abolished the rules on the auctions of agricultural land, so that the beneficiaries still had the purchase right serving the assertion of the compensation claim. The Constitutional Court called on the Parliament to fulfil its legislative duties by 31 December 2018.

From 2022 the new general gross minimum wage will be HUF 200,000 (approximately EUR 550).

The Hungarian State unlawfully collected a sizeable amount of VAT from pharmaceutical companies ruled the European Court of Justice (ECJ) in a recent preliminary ruling procedure, initiated by Boehringer Ingelheim against the Hungarian tax authority.

In November 2021, a bill on the amendment of Act II of 2007 on the Entry and Stay of Third-Country Nationals in Hungary was accepted by the Parliament. The purpose of the modification is to create a new type of residence permit for “digital nomads” and it will enter into force on 1 January 2022.

At the end of October 2021, the Hungarian Government decided to take new protection measures to contain the fourth wave of the coronavirus outbreak, as a result, from 1 November 2021 employers have the right to require their employees to be mandatorily vaccinated. This means that to increase vaccination coverage and to protect workplaces, the Government allows employers to require their employees to be vaccinated against coronavirus as a condition of employment, either as a standard working condition for all employees or as an individual working condition depending on the job. For employees who have not yet been vaccinated, the employer may set a 45-day deadline for the first vaccination. Employers who require vaccination must inform the employee of the measure, the deadline and the possible legal consequences of not vaccinating, either electronically (in e-mail) or on paper. Furthermore, an employee who is medically certified as contra-indicated to be vaccinated against the coronavirus cannot expected to be vaccinated.

Immunisation Certificates played a big role in the previous wave of COVID-19 pandemic in Hungary. They were issued as a supplementary certificate to confirm that the cardholder had a positive COVID test or got at least the first shot of any of the available vaccines. At many stages of the pandemic, cardholders enjoyed specific privileges compared to the others (i.e. card was asked at many places that had an indoor room, such as theatres, cinemas, restaurants etc.). Even though the European COVID passport became available from 1 July 2021 among the EU, it is only issued for persons, who got an EU-approved vaccine. Since Hungary choose to vaccinate with non-EU-approved vaccines, the dichotomy of the certificates still remains.

On October 7, six leading labor lawyers in Hungary sat down for a virtual round table moderated by CEE Legal Matters Managing Editor Radu Cotarcea. The conversation focused on the current state of affairs of labor regulations in Hungary and their evolution over the pandemic-marked last few months.

The Hungarian judiciary system was facing with harsh critics in the past few years, especially in the field of digitalisation. However, the widespread of online meetings during the pandemic gave a boost to the digitalisation also in the courtroom. Even though the New Civil Procedure (entered into force 1 January 2018) and the New Criminal Procedure (entered into force 1 July 2018) provide for a long time the necessary institutional and technical conditions for online hearings, as well as for online witness testimonies, judges were reluctant to use them until last year, as it required more preparations and openness from their side.

From 2021, the rules on warranty for consumer durables (e.g. household appliances, kitchen appliances, gas appliances) have been comprehensively modernised. As a result of the changes, businesses must repair or replace defective products under warranty within a short period of time. In addition, the instrument for enforcing repair and replacement claims, i.e. the warranty certificate has also been affected by the amendments in September 2021. The Ministry of Innovation and Technology (ITM) created a warranty certificate template with a content agreed with trade associations to support the undertakings in their compliance.

The regional aid map is a legal provision that sets the maximum amount of state aid that can be granted as investment aid to companies investing in certain regions of the country, or in the case of developed regions, smaller territorial units.