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Hungary / Kúria / Mfv.I.10.116/2015/6.

Former civil servant v state entity (anonymised)

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Curia
Type:
Decision
Decision date:
02/12/2015

Key facts of the case: 

The plaintiff, a former financial administrator, submitted a petition for review (felülvizsgálati kérelem) to the Curia. On 7 March 2011 he was dismissed without reasons on the basis of Section 17 (1) of Act no. XXIII of 1992 on the legal status of civil servants (1992. évi XXIII. törvény a köztisztviselők jogállásáról) as in force at the time. Before the lower courts and in his petition for review the plaintiff claimed that his dismissal was unlawful, and it violated the prescribed procedure and the principle of equal treatment. He further argued that the dismissal did not serve the purpose for which the applied provision was adopted (rendeltetésellenesség) as at the time of his dismissal it was foreseeable that Section 17 (1) would be quashed. The Constitutional Court (Alkotmánybíróság) quashed Section 17 (1) of the Act and excluded its application only after 8 April 2011. The plaintiff also alleged procedural irregularities in the former employer’s procedure. The Nyíregyháza Regional Court (Nyíregyházi Törvényszék) when deciding on the appeal referred to the decision of the Court of Justice of the European Union: when adopting the applied provision Hungary did not implement EU law and for this reason the Charter was inapplicable to the case

Outcome of the case: 

The Curia dismissed the petition for review. As the Constitutional Court (Alkotmánybíróság) invalidated the applied provision only after his dismissal, the plaintiff cannot claim that his dismissal was unlawful. Furthermore, the Curia found that with reference to the decision of the CJEU that established that by adopting the Act on the legal status of civil servants Hungary did not implement EU law and for that reason the alleged violation of the Charter cannot be considered as a legal basis for review.