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Hungary

Litigation    

Council Directive 85/374/EEC concerning liability for defective products has been fully implemented into Hungarian law through Act 10 of 1993 on Product Liability (the Product Liability Act).

The Product Liability Act governs producers’ and importers’ objective liability for damage caused by defective products. Such damage may consist of damage to a person’s health or damage to another object designed for private use and consumption and used for that purpose. Under the Product Liability Act, the producer is liable only for damages in excess of the equivalent of €500. The Product Liability Act provides that the claimant needs to prove the defect, the damage caused and causation; otherwise, the burden of proof is on the producer/importer. If the producer or importer is impossible to identify, the seller will be regarded as the producer until the identity of the producer or importer can be established.

The injured party may choose to claim damages on the basis of the Product Liability Act or on the basis of the general warranty rules and the rules on compensation for damages under the Hungarian Civil Code. Civil claims are usually based on the general warranty and compensation rules of the Hungarian Civil Code rather than the Product Liability Act.

Regulation    

Government Decree 79 of 1998 on Safety of Products and Services and Market Control Procedure (the Product Safety Decree) implemented the provisions of EC Directive 95/2001/EC on General Product Safety. The National Consumer Protection Authority and further product-specific consumer protection authorities ensure compliance with the product safety provisions under the Product Safety Decree. When product safety rules are breached, the consumer protection authorities are entitled to ban or restrict the release of a product, withdraw it from the market or recall it. These consumer protection authorities make available to the public information regarding products found to be dangerous to health or safety. 

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Note past results are not guarantees of future results. Each matter is individual and will be decided on its own facts.