Budaörs v Hungary - our Firm sets precedent in landmark case

2018.02.18.

Dr. Tibor Bihary, the managing partner of our Firm, represented the Municipality of Budaörs in a damages claim against the Hungarian State in relation to the introduction of the so-called "solidarity contribution". This peculiar new "tax" places an enormous and disproportionate financial burden on the city, while it is also highly disputable from a legal perspective. Experts say that this case is a clear exhibiton of abusive legislation. In a lawsuit filled with serious dogmatic and legal theoretical arguments by the litigants of both parties, the first degree court sentenced the city of Budaörs - represented by our Firm - to be winners, while also establishing that the State's immunity does not exist against civil liability. The case is before the Curia (Supreme Court) now, where the question to be examined is whether ordinary courts can deem a legislation to be invalid in regard to their creation, and thus be able to cause damages in a civil law perspective.

 

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