Product Liability 2009 - Arnold & Porter LLP

Hungary
176
Oppenheim Hungary
judgments. Once the court has rendered such a judgment on the
legal grounds of the claim, a judgment on the actual amount of
damages can only be made after the intermediary judgment has
become enforceable and effective.
4.7 What appeal options are available?
According to the Civil Procedure Act, one ordinary remedy and two
types of extraordinary remedies are available against a judgment.
Appeals can be made against the judgment of a court of first
instance by the parties to the dispute.
The revision of an enforceable judgment can be requested from the
Supreme Court by the parties if any provision of law had been
breached by the decision or by the procedure.
Finally, as an extraordinary remedy, a request to reopen the case
can be made against an enforceable judgment, if:
the requesting party makes reference to a fact, an evidence,
enforceable court decision or enforceable decision of another
authority, which was not subject to consideration by the
court;
the requesting party lost the case due to a criminal act
committed by a judge participating in the decision of the case
or a criminal act of the other party or a third party;
there has been an enforceable judgment regarding the same
claim;
the statement of claim or another document was delivered to
a party by way of public announcement but with the violation
of the relevant rules; or
the Supreme Court makes a decision allowing the reopening
of a case after the Hungarian Constitutional Court has found
a law violating the Constitution of Hungary and a
constitutional claim is lodged to this effect.
4.8 Does the court appoint experts to assist it in considering
technical issues and, if not, may the parties present expert
evidence? Are there any restrictions on the nature or
extent of that evidence?
In case certain expertise is needed for the consideration of certain
matters or issues, the parties may request that the court request
experts or technical specialists to present their opinion and such
opinions will bear the same value as any other evidence. The
parties to the dispute are also free to use “private experts” to testify
on their behalf but the statements of those experts will be regarded
as statements of the party and not as evidence.
4.9 Are factual or expert witnesses required to present
themselves for pre-trial deposition and are witness
statements/expert reports exchanged prior to trial?
Pursuant to the provisions of the Civil Procedure Act, there are no
pre-trial depositions. Witnesses are heard during the trial. It is not
common to file any witness statements prior to trial.
4.10 What obligations to disclose documentary evidence arise
either before court proceedings are commenced or as part
of the pre-trial procedures?
There is no obligation to disclose such evidence due to the fact that
the Hungarian procedural rules do not foresee the concept of
deposition or disclosure of documentary evidence before trial.
4.11 Are alternative methods of dispute resolution available e.g.
mediation, arbitration?
According to Section 18 of the Act on Consumer Protection
consumers may turn to arbitration boards organised by the
Territorial Chamber of Commerce. These arbitration boards are
established to attempt to reach an agreement between a consumer
and a producer or distributor and settle the dispute out of court
proceedings.
The competence of the arbitration boards include the out-of-court
settlement of disputes arising out of the application of product
liability regulations. Consumers may file the petition with the
arbitration board having jurisdiction over the location where the
consumer has a permanent or temporary residence. If the consumer
has no permanent residence in Hungary, jurisdiction is determined
on the basis of habitual residence.
5 Time Limits
5.1 Are there any time limits on bringing or issuing
proceedings?
Yes, time limits do apply.
5.2 If so, please explain what these are. Do they vary
depending on whether the liability is fault based or strict?
Does the age or condition of the claimant affect the
calculation of any time limits and does the Court have a
discretion to disapply time limits?
Under Strict Liability:
Pursuant to the Product Liability Act, damage claims may be
enforced within a three-year period (statute of limitation). The term
of limitation commences when the injured party learns of, or, with
due attention, could have learned of the damage, the defect in the
product, or the cause of the defect, as well as of the identity of the
producer/manufacturer or the importer.
However, producers/manufacturers shall remain subject to the
liability defined in the Product Liability Act for a period of ten years
effective from the date of placing the given product on the market,
unless the injured party has filed for legal action against the
manufacturer in the meantime.
Under Contractual and Fault Based Liability:
The period of limitation for warranty claims arising from breach of
contract is six months and two years regarding consumer sales
contracts. After the lapse of this period, claims can be enforced by
objection or by claiming damages for the breach of contract for up
to five years.
The period of limitation for claims arising from non-contractual
liability is five years, unless otherwise prescribed by law.
Parties are entitled to agree on a shorter period of limitation, but the
agreement is valid only in writing. If the period of limitation is
shorter than one year, the parties are entitled to extend it to a
maximum of one year in writing; otherwise, an agreement on the
extension of a period of limitation is null and void.
The period of limitation commences upon the due date of the claim.
If the claimant is unable to enforce a claim for an excusable reason,
the claim remains enforceable within one year from the time when
the said reason is eliminated or, in respect of a period of limitation
of one year or less, within three months, even if the period of
limitation has already lapsed or there is less than one year or less
than three months, respectively, remaining therein.
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