on the examination of the conditions for bringing an action for declaratory judgment
On the basis of a motion for preliminary ruling submitted by the Curia’s Panel No. P.VI, the Curia's Uniformity Complaint Panel has issued the following uniformity decision on the examination of the conditions for bringing an action for declaratory judgement:
- Pursuant to Section 172 (3) of Act CXXX of 2016 on the Code of Civil Procedure, an action may be filed – as the legal effect of the statute of limitations - to establish that a claim should not be enforceable in court proceedings if the authorized petitioner decided not to initiate enforcement proceedings against the party seeking the declaratory judgment with the aim of enforcing the claim contained in a notarial deed.
- In the action brought pursuant to Section 172 (3) of Act CXXX of 2016 on the Code of Civil Procedure, the Curia’s Decisions No. Pfv.21.648/2018/12 and Pfv.20.059/2022/8, and identical decisions, which were published in the Collection of Court Decisions, may no longer be invoked as binding if the party asks the court to establish - as the legal effect of the statute of limitations - that the claim contained in the notarial deed should not be enforceable against the party in court proceedings.