202103.23

Main provisions of the government decree no. 112/2021 (III.6) on the reintroduction of certain procedural measures during the state of emergency

Differing provisions concerning the delivery objection and justification of omission

Concerning the delivery during the reinforced protection (08.03.-05.04.), the statutory time limit for filing a delivery objection as well as the statutory time limit for filing an application for justification of an omission during the time of reinforced protection, does not include the duration of reinforced protection.

Differing provisions concerning the enforcement proceedings:

The bailiff may establish the installment payment without the prior consent of the applicant during the time of reinforced measures, if the debtor indicates his intention to pay in installments.
The bailiff’s personal client reception is suspended until the day after the termination of reinforced protection, during which the contact with the bailiff can be made in writing or electronically, and by placing the documents in a collection cabinet at the bailiff’s office.
The bailiff sends the documents relating to the enforcement proceedings to the parties by post or electronic means. As a result, no bailiff service will take place during the period of reinforced protection, and the delivery deadline will start again on the 15th day after the end of reinforced protection period.
During this period information related to the enforcement procedures may be provided by means of telecommunication after identification of the person requesting the information.
In the decree, the Government ordered the suspension of certain on-site proceedings and on-site procedural actions for the duration of the reinforced protection period. Based on this, most on-site procedures and most on-site procedural actions shall not take place during the time of reinforced protection. The deadlines for these shall start again on the 15th day after the end of the reinforced protection period.
In addition, at the request of the debtor, the enforcement court may, exceptionally, suspend the enforcement if the debtor got into a life situation in connection with the epidemiological measures which is an acceptable circumstance.

Differing rules concerning the payment order procedure act:

Until the cessation of the reinforced protection period the executional delivery of payment orders may not take place, the time limit for the delivery shall restart on the day following the cessation of the reinforced protection period.
No oral statements may be made at the notary until the day following the cessation of the reinforced protection period.

Differing rules concerning the act on the organisation and administration of courts:

The court’s personal client reception is suspended during the period of reinforced protection.

Differing rules concerning the company registry and the court registry of civil organizations:

During the period of reinforced protection the Company Information and Electronic Company Procedure Service may provide company information and other services via post or in electronic way.

Differing rules concerning the old and new Civil Procedure Act:

The provisions of this decree does not affect the running of the deadlines.
The preparatory stage as per the new Civil Procedure Act shall be conducted without holding a hearing, the court shall not hold a preparatory hearing not even at the request of the parties. If necessary, the parties may be invited to submit further written statements. Before the conclusion of the preparatory stage the court shall warn the parties in writing. The court shall notify the parties in writing of the conclusion of the preparatory stage.
The substantive hearings under the new Civil Procedure Act, and all hearings under the old Civil Procedure Act, if possible, shall be held by means of an electronic communications network or other means of electronic image and sound transmission. If the technical conditions for doing so are not provided, the court will obtain the statements for the hearing either in writing or by using an electronic device allowing the personal identification.
If, however, there is a procedural act which cannot be carried out in this way, the time until the obstacle has been removed or the period of reinforced protection has ceased is not included in the time limits.
The lawsuit may be stayed unlimited times at the joint request of the parties.
If the court orders interim measures, if so requested, prior to the initiation of the proceedings, the time limit for initiating proceedings, set by the court, shall begin on the day following the cessation of the state of emergency. During the handling of the interim measures, the parties may only be called to make written statements.
The first instance court even if otherwise provided by law, be composed of one professional judge.
The court settlement may, after the parties have been called for statements, approve the settlement agreement by its order out of hearing.
In appeal and judicial review procedures, the judge acts out of hearing.
These provisions shall apply to civil non-litigious judicial proceedings as well, with the exception of the non-litigious nature of the procedure, unless the regulation provides otherwise.

Differing provisions concerning non-litigious notarial procedures:

The period of reinforced protection does not affect the running of the deadlines.
Right to access to file shall not be exercised personally, there is no opportunity for personal audition.
Reading of notarial instrument – except for the notarial instrument containing disposition of property upon death – and completion of the notary’s information obligation may be performed via telecommunication devices capable of maintaining continuous audio and video connection.
In succession proceedings the date of hearing shall not be set during the period of reinforced protection. The notary shall postpone setting the date of hearing the date of the cessation of the reinforced protection period. In the lack of disposition of property upon death and in some further cases, succession may be released without hearing during the period of reinforced protection, except in the cases listed in section 43/C. § (5) of the Inheritance Procedure Act.
The National Chamber of Notaries of Hungary shall ensure during the period of reinforced protection

the assistance in making public will,
the deposition of will,
the operation of the credit guarantee register,
the functioning of the system necessary for the management of payment orders.

Differing provisions concerning the administrative judicial proceedings

The period of reinforced protection does not affect the running of the deadlines.
In case of necessity of personal hearings, the statements shall be obtained in writing or by using electronic devices allowing personal identification.
During the period of reinforced measures, the court acts out of hearing. If hearing should be held outside the period of reinforced protection, the plaintiff may request the court to postpone the hearing after the date of the cessation of the period of reinforced protection instead of deciding out of the hearing, if

the court has not ordered the suspensory effect of the administrative act at least partially,
bringing of the action has suspensory effect and the court has not ordered the termination of suspensory effect,
the court has not ordered interim measures.

Procedural acts may be conducted by similar methods (preferably by electronic means) as in the civil litigious and non-litigious proceedings.
The court brings its jurisdiction outside the hearing, court settlement can be approved outside the hearing.

Differing provisions concerning criminal procedure:

Following the accusation, a hearing or public trial shall be set or postponed after 5 April 2021, provided that the procedural act may not be held via telecommunication devices.