Publications
CAN RES JUDICATA IMPAIR THE RIGHT TO FAIR TRIAL? – DECISION OF CJEU IN ENERGOTECHNICA
Disallowing the re-litigation of closed cases, the principle of “res judicata” is one of the cornerstones of legal systems worldwide. But what if the national constitutional court interprets the principle such a broad manner, based on which the ruling of an administrative court in the question of “work accident” precludes the establishment of civil liability in other court proceedings? In its recent judgement the Court of Justice of the European Union („CJEU”) examined the “res judicata” principle under the lens of the right to an effective judicial remedy.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.
FOREIGN DIRECT INVESTMENTS IN HUNGARY – PART IV – NOTIFICATION
In the previous parts of this series of articles, we have described the cases in which a foreign investor, investing in Hungary, may be subject to a notification obligation under General and/or Temporary FDI screening regime. However, what should be included in such notification? Which information shall be provided, and which annexes shall be attached to the notification?
Smartlegal Schmidt&Partners reports from Hungary:
FOREIGN DIRECT INVESTMENTS IN HUNGARY– PART III – TRANSACTIONS COVERED BY THE RESTRICTIONS
Which transactions are subject to the FDI restrictions in Hungary? What are the exceptions to regimes? In the next part of our series of articles, we will address these topics, discussed separately the General and Temporary Regime.
Smartlegal Schmidt&Partners reports from Hungary:
Copyright protection of large-scale architectural design projects in Hungary
Copyright is a relationship between the work and the author, which is based on the fact of creation. However, in the case of large-scale architectural design projects, the creation of plans is usually the coordinated work of an entire team. Nevertheless, in many cases, only one or a few persons are identified as authors. In our article, we analyse the issue of authorship in relation to multi-participant architectural design projects.
„Smartlegal Schmidt&Partners reports from Hungary:
SORRY, NOT SORRY? THE CJEU SAYS SORRY BASED ON THE GDPR
What can compensate a non-material damage caused by the infringement of the GDPR? Is a public apology enough? Does punitive damages exist under the GDPR? The CJEU had to answer these questions in a case involving the unlawful processing of a famous journalist’s personal data. Read our article to find out the answers to these questions.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.
FOREIGN DIRECT INVESTMENTS IN HUNGARY – PART II –RESTRICTIONS
Smartlegal Schmidt&Partners reports from Hungary:
What Hungarian regulations restrict or control foreign investors’ direct investment in Hungary? Who is considered an „foreign investor” subject to restrictions and what economic areas are covered by these regulations? In the second part of our series of articles, we address these questions.
CAN THE FREEDOM OF PRESS BLOCK THE FREE MOVEMENT OF JUDGMENTS? – THE CJEU IN REAL MADRID CASE
Can the freedom of press block the free movement of judgments in the European Union? Can EU Member States deny the enforcement of a judgment of another Member State imposing excessive penalties on journalist and publishing houses? We analyse these questions in the light of a recent CJEU judgment rendered under the Brussels I Regulation.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article
FOREIGN DIRECT INVESTMENTS IN HUNGARY – PART I – LEGAL FRAMEWORK
What are the basic principles and legal frameworks for foreign direct investments in Hungary? What institutions ensure the protection of foreign investors? In the first part of our series of articles, we address these questions.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.
【固法评论】《民法典》视域下债权多重转让的规则阐释 【PW & Partners Law Review】Rules of Multiple Assignments of Claims in the Civil Code
债权多重转让是指基于债权的流动性,债权人将债权多次转让给不同的受让 人,从而导致多个受让人并存的法律状态。为解决原债权人与债务人之间、各受 让人与债务人之间以及各受让人相互之间的法律纷争,《民法典》及其司法解释 以保护交易安全为首要价值目标,确立了较为完备的债权多重转让规则体系,具 体内容如下: The legal situation known as “multiple assignment of claims” occurs when creditors assign their claims to various...
【PW & Partners Law Review】New Regulations on Cross-border Data
After the successive promulgation and implementations of the Cyber Security Law, Data Security Law, Personal Information Protection Law, Security Assessment Measures for Data Provision Abroad, Measures on the Standard Contract for Outbound Transfer of Personal Information and Personal Information Protection Certification Implementation Rules, China has steadily established a data outbound supervision framework with the core of security assessment, standard contract filing and personal information protection certification (see the Appendix).