As part of a traditional series of joint professional meetings between the representatives of the Curia of Hungary and the Supreme Court of the Republic of Austria, a judicial seminar, organised by the Curia, was held in Pannonhalma, Hungary on 10 April 2018. The seminar’s criminal and civil law sections were attended by Hungarian and Austrian supreme court judges specialised in criminal and civil law respectively.
The participants of the criminal law section focused on the topics of economic crimes and legitimate defence, and discussed, in particular, the relevant Hungarian and Austrian legislation and case-law on the criminal offence of the misappropriation of funds. During the second part of the meeting, the Hungarian delegates presented the novel regulation and form of legitimate defence, the so called situational legitimate defence under their country’s criminal law regime and illustrated its application through a recently delivered Curia decision. The Austrian partners told that under their national law the person acting in self defence was obliged to choose the less harmful defensive manoeuvre.
The participants of the civil law section decided to address the topical issues of consumer protection, specifically the interpretation of consumer loan contracts in the regulation of which European Union law plays an important role and which have been of particular relevance and widespread use in both countries. Discussions were held on the different legal definitions of the notion “consumer” in Hungary and Austria, the assessment of the unfairness of the unilateral amendment of consumer contracts, the setting of zero percent and negative interest rates in credit and loan contracts, the assessment of the unfairness of additional bank fees and costs charged for consumers and the spread of public-interest lawsuits initiated by consumer protection associations in Austria.
All the participants considered that the seminar was of great use for them. Both delegations agreed on their wish to continue to organise such events on an even more regular basis.
Budapest, the 23rd of April 2018
Press Secretariat of the Curia of Hungary