on the judicial expert status of the Hungarian Intellectual Property Office
On the basis of a motion for preliminary ruling submitted by the Curia’s Panel No. K.5, the Curia’s Uniformity Complaint Panel has made the following decision in relation to the judicial expert status of the Hungarian Intellectual Property Office:
- As a body performing expert tasks related to the classification of research and development activities under the rules that were effective before 1 September 2023, the Hungarian Intellectual Property Office has not performed any judicial expert activities and therefore does not qualify as a judicial expert appointed in the preceding administrative procedure under Section 80 (1) of Act I of 2017 on the Code of Administrative Litigation.
- The Curia’s Adjudicating Panel No. K.5 may depart from the legal interpretation given in decision No. Kfv. 35.034/2021/8, which was published in the Collection of Court Decisions and which may no longer be invoked as binding.