NEW LEGAL REMEDIES AND FEES IN CIVIL PROCEEDINGS
2025.08.26.
The amendment to the Civil Procedure Act and the amendment to the Act on Fees, which will enter into force on 19 August 2025, will bring changes to civil proceedings, including the parties` possibilities to enforce their rights. The central element of the change is that in the case of judgments with a short statement of reasons, an appeal cannot be lodged directly; a declaration of intent must first be made, which is subject to a separate fee under certain conditions.
THE LEGISLATOR'S OBJECTIVE IN THE AMENDMENT
The legislator's objective with regard to new cases involving judgments with a shortened statement of reasons is to reduce the unnecessary administrative burden on the courts and increase the time available for substantive work – this is why the court may issue a shortened statement of reasons if the party does not appear at the hearing when the first-instance judgment is pronounced or does not request a detailed statement of reasons despite being invited to do so by the court.
HOW DOES THE NOTICE OF APPEAL WORK? – OVERVIEW OF DEADLINES AND FEES
If the judgment contains a summary statement of reasons and the party wishes to exercise its right of appeal, the intention to appeal must be notified within five working days of receipt of the judgment, without knowledge of the detailed statement of reasons. At the same time, proof of payment of the appeal fee must also be provided, which is 5% of the appeal fee, but at least HUF 5,000 and at most HUF 100,000.
What are the new cases for judgments containing a shortened statement of reasons?
- none of the parties present requests a detailed statement of reasons despite the judge's invitation to do so, or
- none of the parties appear at the pronouncement of the judgment.
If an intention to appeal is announced, the court of first instance shall supplement the judgment with a detailed statement of reasons and send it to the party concerned. Upon delivery, the court shall also draw attention to the fact that an appeal must be lodged in accordance with the law within 15 days of receipt of the decision (Section 371 of the Code of Civil Procedure), and that the fee previously paid for the notification of the intention to appeal must be supplemented to the full amount of the appeal fee, as the amount of the fee for the notification of the intention to appeal must be included in the appeal fee.
It may happen that, after receiving the detailed statement of reasons, the party decides not to lodge an appeal because it considers the decision to be well-founded or simply does not wish to spend any more time, money, or energy on continuing the proceedings. However, it is important that the party had the opportunity to request detailed reasons and to participate in the pronouncement of the judgment, which would have given them the chance to immediately see the outcome of the case more clearly and make a more informed decision on further steps. Since failure to do so may lead to undue delays in the proceedings and unnecessary administrative burdens, the fee for filing an appeal is mandatory in such cases and is not refundable, in line with the legislator's intention.
HOW CAN THE ABRIDGED STATEMENT OF REASONS – AND THE 5% FEE ASSOCIATED WITH THE NOTICE OF APPEAL – BE AVOIDED?
- Take part in the pronouncement of the judgment.
- Request a detailed statement of reasons if the court asks you to do so – this will result in a judgment with detailed reasons and you will not have to pay a preliminary fee for filing an appeal.
The new rules may seem complicated at first, but the bottom line is simple: if you are present at the pronouncement of the judgment and take advantage of the option to request detailed reasoning, you will not incur any unnecessary additional costs.
JÁMBOR TÓTH KOLLÁTH Law Firm believes that the law is not just a collection of paragraphs, but a source of security that shapes our everyday lives. We work to ensure that our clients do not get lost in the maze of the law and can count on clear, human responses. If you want your legal affairs to be secure in practice, please contact us with confidence!
Sources
Act CXXX of 2016 on Civil Procedure
Act XCIII of 1990 on Fees
Author: Vivien Szabó
The above is for general information purposes only and does not constitute legal advice.
The assessment of individual cases will depend on the specific facts and circumstances of each case.
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Please note the date of publication of this article, as the legal environment may have changed in the meantime and the information contained herein may not be up to date
