On June 15, 2021, Hungary passed legislation that bans the dissemination of content in schools deemed to promote homosexuality and gender change. Dubbed by many as simply the “Anti-LGBTQ+ Law,” it has wide-ranging implications – even leaving social issues / social impact aside. CEE Legal Matters spoke with several Hungarian lawyers to discuss the law’s business implications and the impact it had on law firms’ work.
The Energy Mix in Hungary – An Overview
Hungary has adopted the integrated energy policy guidelines of the EU, which aim to decrease greenhouse gas emissions by at least 40% compared to the ‘90s level, increase the proportion of renewable energy in energy consumption to 32%, increase energy efficiency by 32.5%, and further the increased interconnection of the EU electric energy system. In that context, renewable energy is currently a hot topic.
EU Approves Regional Aid Map for Hungary for 2022-2027
The regional aid map is a legal provision that sets the maximum amount of state aid that can be granted as investment aid to companies investing in certain regions of the country, or in the case of developed regions, smaller territorial units.
Tax-free Minimum Wage
A bill to exempt the minimum wage from personal income tax in order to reduce the tax burden on low wages was submitted to the Hungarian Parliament on 20 September 2021. The proposal aims to amend the Personal Income Tax Act. According to the preamble of the bill, the exemption is necessary, since the income of minimum wage earners is increasingly falling behind average earnings and the total tax burden on wages is one of the highest in Europe.
Expected Changes in Hungarian Taxation as of 2022, Personal Income Tax Refund to Families with Children
Extended loan moratorium, tax return for families, exemption for personal income tax for young adults under 25, new pension premium are the most important tax changes in connection with the central budget as off 2022.
Maria Dardai Returns to Private Practice to Join Kinstellar in Hungary
MSC Cruises Compliance Officer Maria Dardai has joined Kinstellar as a Special Counsel.
Hungary to Join Global Minimum Tax Deal
Hungary joins global minimum corporate tax agreement, as Mihály Varga, Finance Minister on Hungary announced on 8 October 2021. Mr. Varga highlighted three key points of the deal for Hungary.
Hot Practice: Szabolcs Szendro on CMS’s Competition Practice in Hungary
Increased awareness of competition law in the past few years, alongside the evolving legislative framework and practice on the EU level, has led to the continuous growth of CMS’s competition law practice, according to CMS Partner Szabolcs Szendro.
Entrepreneurship in Hungary on the Rise Again
Business start-ups and terminations reflect the recovery of the Hungarian economy after the downturn following the outbreak of the coronavirus epidemic. In the second quarter of last year, when the epidemic hit the country, only 5,041 companies were set up. Meanwhile, in the last three months of last year, the number was close to 9,000 and in the first quarter of this year it has already exceeded 9,000, as we discussed in a recent joint webinar with OPTEN.
Hungary: European Data Protection Supervisor - Guidance on Return to the Workplace and EUIs’ Screening of Covid Immunity or Infection Status
The European Data Protection Supervisor (“EDPS”) has issued a guidance document entitled “Return to the Workplace and EUI’s (European Institutions, Agencies and Bodies) screening of Covid immunity or infection status” (the “Guidance”).
Solar and Renewable Energy Sector to Benefit From Residential Solar Tender for Hungary
The draft of a huge EU solar tender for the residential sector was published by the Hungarian Government at the end of August 2021. The draft proposal shows that households earning less than the national average income will be eligible for 100% non-repayable grants of between HUF 3-11.5 million (EUR 8,500 – 31,500) for green investment purposes.
Curia’s Unity Decision on the Transfer of Contracts
The Curia has made a legal uniformity resolution no. 7/2021 PJE on the enforcement of the rules of contract transfer. The resolution has been trying to put an end to the issues of contract transfer, especially in the case of agricultural leases. The previous legal practice was based on the interpretation that the contract shall be deemed to be a new contract in respect of all rights and obligations transferred.
Changing Company Rules in the Hungarian Civil Code
With respect to the evaluation of the success of the incorporation of certain provisions of the Hungarian Civil Code in the practice and the regulatory proposals developed by the case law, the amendment of the Civil Code has become necessary, therefore, at the end of June 2021, an act amending the Hungarian Civil Code has been published.
New Synthetic Securitisation Instrument is Approved by the European Commission
The European Commission approved the creation of a new synthetic securitisation product under the EU State aid regulation. The new product is in the form of guarantees on synthetic securitisation tranches to help companies affected by the COVID-19 outbreak in the 22 participating Member States (i.e. Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden). The product is under the European Guarantee Fund and managed by the European Investment Bank Group (EIB Group). The dedicated budget is EUR 1.4 billion, however, it is expected to mobilise at least EUR 13 billion of new lending to companies affected by the COVID-19 outbreak.
New Hungarian Government Decree on Patent Protection: Encouragement of Patents Vs. Threat of Compulsory Licensing
In response to the ongoing COVID-19 pandemic, on 6 August 2021 the Hungarian Government issued Decree No. 474/2021 on the different application of the Patent Act (Act XXXIII of 1995). According to the decree, patent applications filed after the entry into force of this decree will not be subject to a maintenance fee for the first three years of patent protection. The decree was promulgated on 6 August 2021 and will remain in force until the end of the state of emergency related to COVID-19.
UBO Register in Hungary: An Interview with Alexandra Bognar of Schoenherr
In a recent article for CEE Legal Matters, Schoenherr Attorney at Law Alexandra Bognar wrote that Hungary adopted a UBO Register Act this year. We spoke to Bognar to learn more about the new piece of legislation.
Results of the First Accelerated Sectoral Inquiry on the Hungarian Brick Market
The Hungarian Competition Authority (HCA) published its draft report of an accelerated sector inquiry on the Hungarian brick market. The interested and affected parties have only 8 days to submit comments to the authority's draft report. As a main finding, the HCA has not found reasons to conduct an antitrust proceeding on the relevant market. It has, however, made recommendations for consumers and also for the government.
Hungary: Verifying COVID-19 Immunity – Data Protection Considerations
In Hungary, immunity to COVID-19 may be verified on the basis of Government Decree 60/2021 by way of an immunity certificate or the mobile app of the National eHealth Infrastructure (EESZT). While in principle both methods may establish immunity based on either vaccination or recovery from the illness, only the immunity certificate has been available for use since February 2021, as the EESZT mobile app is currently still in its introductory phase.