Socialist MP dr. László Szakács and human rights defender, attorney dr. Péter Szepesházi held a press conference in the interest of foreign currency loan debtors on the consequences of the positive ruling of the European Court of Justice on 18 July in Budapest, in front of Trócsányi law firm.
“On 26 June the European Court of Justice passed a verdict in the framework of a preliminary ruling. (…) The essence of the ruling is that, the notary public acting as a judge should examine the unfairness of the notarised mortgage loan agreements if these are consumer contracts. Should the notary public fail to do so and if it is prevented by regulation that they do so, such regulation, including the Hungarian regulation, would not comply with the EU consumer protection law,” quoted dr. Péter Szepesházi the court ruling.
“I think,” he added, “that based on this the conclusion is quite clear: not a single notarial clause, nor a single foreign currency loan debt or other mortgage, where the notary had ordered executory procedure, complies with EU law. The clause has to be deleted, the executory procedure has to be stopped, or if it takes a few weeks to complete, the executory procedure must be suspended.”
The former judge and human rights defender also said he thought debtors in such a difficult position should not be burdened with having to apply for this in a separate procedure. "Here is the chance for Minister Judit Varga to make herself be known, show some stamina and correct the contradictory Hungarian regulation of the notarial clause, create new regulations for the future and make a provision with the government to stop all evictions and all executory procedures," warned dr. Péter Szepesházi.
Szepesházi then spoke about the government's responsibility in the matter. "The responsibility of the government in this issue is great, because the predecessors of the Minister failed to correct the former, hardly positive regulation in this field, that is, to make it obligatory for the notary public to investigate the unfairness of the foreign currency loan and other contracts affected by the executory procedure. In fact, not only did they fail to do so, but even made the lawsuits to put an end to the executory procedures more difficult. It is not possible to refer to the nullity and unfairness of contracts for some years already in these cases. There is no room for reflection, no place for juggling, neither with a soccer ball, nor without. I think the task is now a given for the Minister; she ought to correct her predecessors' mistakes,” concluded dr. Péter Szepesházi.
Dr. László Szakács then addressed one of the sad topicalities of the case, according to which yet another family was evicted with a 24-year-old, permanently ill child. “The executor will go and put this family on the street in the 9th district,” said the MP in front of the Trócsányi law firm, which he believes benefits from foreign currency loan case
"We think it is morally untenable that a current MEP and a law firm labelled with the name of a former Justice Minister, are the ones to take on such a case," said Szakács. “The rulings of the Court of Justice of the European Union that question Hungarian law in every way are piling up. These were meant to save foreign currency loan debtors, then ended up saving the banks and contracts,” he stressed. According to the Socialist MP, not only do they not comply with EU law, but now the procedure is not in line with it, either. He said he thought they covered these cases up as well as the fate of the people involved. "We can see," he said, "that the government does not recognize that there is a foreign currency loan problem at all. Now the courts know, because they want to make decisions in these cases; the central bank now knows, too, as it has also come up with a very, very subjective and outrageous proposal to solve this problem; those who want to take advantage of these lawsuits, such as law firms that represent banks are also aware, only the government and Parliament ignore the issue. ”
Describing MSZP's position dr. László Szakács said: “We think that it is not possible to restore legal security and public confidence in a matter that concerns one million Hungarians in any other way than making the things we keep demanding actually happen. Halt the proceedings, which we already know are not in compliance with European Union regulations, Parliament must pass a new bank accountability law and terminate that EBRD Pact in which Orbán has undertaken not to take any countermeasures against executory procedures. It is probably because of this that the executory procedures can take place even if they are not in line with European Union law. Viktor Orbán has undertaken to let them happen in his agreement with the banking world” – he explained.
As a conclusion he added: “We demand that this pact be cancelled, the proceedings must be stop and a new bank accountability bill be submitted to Parliament, which it should adopt.”