MAGYAR JETI ZRT v. HUNGARY JUDGMENT
9
(b) the complainant has already exhausted the available legal remedies or no legal
remedy is available.
...”
Section 29
“The Constitutional Court shall admit constitutional complaints if a conflict with the
Fundamental Law significantly affects the judicial decision, or the case raises
constitutional law issues of fundamental importance.
...”
17. Legal consequences of the decisions of the Constitutional Court
Section 39
“(1) Unless provided for otherwise by this Act, the decisions of the Constitutional
Court are binding on everyone.
(2) There shall be no remedy against the decisions of the Constitutional Court.
(3) The Constitutional Court shall itself establish the applicable legal consequences
within the framework of the Fundamental Law and of this Act.”
Section 43
“(1) If the Constitutional Court, in the course of proceedings before it as specified
in section 27 and on the basis of a constitutional complaint, declares that a judicial
decision is contrary to the Fundamental Law, it shall annul the decision.
(2) For the procedural legal consequences of the Constitutional Court’s decision
annulling a judicial decision, the provisions of the codes on court procedures shall be
applicable.
(3) In court proceedings following the annulment of a judicial decision by the
Constitutional Court, the decision of the Constitutional Court shall be binding as
regards the issue of constitutionality.
(4) The Constitutional Court, when annulling a judicial decision, may also annul
judicial decisions or the decisions of other authorities which were reviewed by the
decision in question.
...”
25. Act no. IV of 1959 on the Civil Code, as in force at the material
time, provides:
Article 75
“(1) Personality rights shall be respected by everyone. Personality rights are
protected under this Act.
(2) The rules governing the protection of personality rights are also applicable to
legal personalities, except in cases where such protection can, owing to its character,
only apply to private individuals.
(3) Personality rights shall not be violated by conduct to which the holder of rights
has given consent, unless such consent violates or endangers an interest of society. In
any other case a contract or unilateral declaration restricting personality rights shall be
null and void.”