Enforcement System

Which administrative mechanisms are available to enforce the Directives?

Generally, it is the duty of the Ministry of National Development ("CPA") to uphold the various consumer protection laws. Therefore, a procedure may be initiated before the CPA in case of breach of the national laws implementing all the Directives in scope, except for Directive 2006/114/EC.

In case of infringements related to Directive 2005/29/EC, and to certain information obligations under Directive 2008/122/EC and Directive 2011/83/EU, a procedure may also be initiated before the Hungarian Competition Authority ("HCA") or the Central Bank of Hungary ("CBH") (§ 10 of Act XLVII of 2008 Act on Prohibition of Unfair Commercial Practices ("UCP Act")).

• Procedure of the HCA: the HCA is entitled to act in connection with unfair commercial practices if the commercial practice is suitable for influencing the competition (unless such unfair commercial practice only relates to the label of the product, the instructions for use, the warranty voucher or the information obligation set out in § 7 (3) of the UCP Act).

• Procedure of the CBH: the CBH is entitled to take action in connection with unfair commercial practices if such commercial practice is connected to the activity of the trader supervised by the CBH (i.e. financial institutions).

In case of infringements related to Directive 2006/114/EC, a procedure may be initiated before the HCA.

All authorities are required to publish a yearly report on their activities, which may be obtained here:

• CPA: http://fogyasztovedelem.kormany.hu/node/8019
• HCA: http://gvh.hu/gvh/orszaggyulesi_beszamolok

Who can file administrative complaints? Can investigations be initiated ex officio?

1. Any consumer or social bodies representing consumers' rights are entitled to take action in front of the CPA, as well as the competent bodies of other EEA countries (§ 46(2) of Act CLV of 1997 on Consumer Protection ("Consumer Protection Act")).

2. Any person/entity is entitled to make an announcement or complaint to the HCA (§ 43/G of Act LVII of 1996 on Prohibition of Unfair Market Practices and Restriction of Competition ("Competition Act")).

3. Any natural or legal person is entitled to take action in front of the CBH, as well as the competent bodies of other EEA countries, and foreign financial supervisory authorities if their scope of duties is affected (§ 82 of Act CXXXIX of 2013 on the Central Bank of Hungary ("CBA Act")).

Which court actions are available to enforce the Directives?

There are no specific court actions to enforce the Directives in scope. A general claim for civil damages can be filed before the civil courts.