Are you about to use the European Payment Order procedure? If so, please note the applicable court fees. You will find all the information concerning fees, available means to pay, post-payment actions, etc. by selecting one of the flags listed on the right hand side.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

This subject is regulated by Articles 1017 to 1022 of the Belgian Judicial Code (Code judiciaire) and by Article 953 of that Code with regard to the payment of witness fees. It is also governed by the Belgian Code of Registration, Mortgage and Court Registry Fees (Code des droits d'enregistrement, d'hypothèque et de greffe), and particularly Articles 142 et seq. and 268 et seq. with regard to registration fees.

What fees are applicable?

Article 1018 of the Belgian Judicial Code specifies the nature of the costs:

1° Court registry, registration and other fees. Court registry fees include listing fees, drafting fees and certified copy fees (see Articles 268 et seq. of the Belgian Code of Registration, Mortgage and Court Registry Fees). The listing fee is between EUR 30 and EUR 100, depending on the court. The drafting fee is EUR 35.

Registration fees are payable for decisions in cases where the principal amount is more than EUR 12,500 (excluding court fees). They are set at 3% of this amount.

2° The cost of court processes and the related salaries and emoluments.

3° The cost of a certified copy of the judgment: between EUR 0.85 and EUR 5.75 per page;

4° The costs of any means of giving or obtaining evidence, including expert and other witness fees. The Royal Decree of 27 July 1972 set this amount at BEF 200 per witness, which is now equivalent to around EUR 5.  Added to this is the travel allowance (EUR 0.0868 per kilometre).

If an expert witness is called, he or she is free to set his or her own costs and fees. However, the calculation method must be clearly stated and the amount may, if necessary (for example, where costs have been incurred unnecessarily), be reduced by the court in the detailed assessment of court fees.

5° Travel and subsistence expenses for judges, clerks and parties to the case, where their travel has been ordered by the court, and deed costs, where they have been made solely for the purposes of the trial.

6° Case preparation fee (Article 1022 of the Belgian Judicial Code). This is paid by the losing party and is a fixed contribution to the legal costs and fees of the winning party. The amounts are based on the consumer price index and will be increased or reduced by 10% if the index rises or falls by 10 percentage points.

Employment tribunal (special rules)

7° The fees, emoluments and expenses of the ombudsman appointed in accordance with Article 1734 of the Belgian Judicial Code.

How much shall I pay?

In view of the above, the amount to be paid depends entirely on each case, depending on whether or not you win, whether expert witnesses were called, whether other witnesses were summoned, whether the judges had to travel abroad, whether an ombudsman was involved, etc.

What happens if I do not pay the court fees on time?

Court registry fees must be paid in advance, otherwise the case will not be added to the listing.

Expert witnesses always require an advance payment before starting work.

If you request the hearing of a witness, you will first have to pay the amount due to the clerk. If you do not pay this amount, it will be assumed that you no longer require the witness to be heard.

How can I pay the court fees?

Payment may be made by a credit transfer or payment order, electronic transfer, cash or cheque payable to the court registry (the latter option being reserved for legal practitioners and bailiffs).

What shall I do after the payment?

All proof of payment must be kept in a safe place so that it can be produced immediately upon request.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

The provisions on the payment of court fees and costs in civil proceedings, including in the European Payment Order procedure, are respectively laid down in the Code of Civil Procedure and the Schedule of state fees collected by the courts under the Code of Civil Procedure (GPK).

Code of Civil Procedure:

‘Chapter Eight. Fees and Costs, Section I - Cost of action

Cost of action
Article 68. The monetary value of the subject-matter of the case shall be the cost of action.

Cost of action
Article 69. (1) The amount of the cost of action shall be:
1. in actions concerning monetary claims: the sum claimed;

Determination of the cost of action
Article 70. (1) The cost of action shall be specified by the plaintiff. The cost of action may be challenged either by the respondent or by the court, acting on its own motion, at the latest during the first hearing for the examination of the case. In the event of a discrepancy between the cost indicated and the actual cost, the court shall determine the cost of action.
(2) The ruling of the court increasing the cost of action shall be subject to challenge by an interlocutory appeal.
(3) Where the cost of action is difficult to appraise at the time when the action is brought, an approximate cost of action shall be determined by the court and an additional fee shall subsequently be charged or the excess fee refunded depending on the cost determined by the court when settling the case.

Section II. State fees and costs

Liability for fees and costs
Article 71. (1) State fees on the cost of action and court costs shall be collected for handling the case. Where the action is unappraisable, the amount of state fees shall be determined by the court.
State fees
Article 73. (3) State fees shall be collected, in accordance with a schedule adopted by the Council of Ministers, when a motion for protection or facilitation is presented and when the document for which a fee is payable is issued.

Attachments to the application
Article 128. The following shall be presented with an application:
1. the power of attorney, where the statement is submitted by an attorney-in-fact;
2. documentary proof of payment of state fees and costs, where such duties and costs are due;
3. copies of the application and of the attachments thereto in accordance with the number of respondents.

Verification of the application
Article 129. (1) The court shall verify the conformity of the application.
(2) Where the application does not conform to the requirements laid down in Article 127(1) and Article 128, the plaintiff shall be instructed to remedy the non-conformities within one week and informed of the possibility of using legal aid, if the plaintiff needs and is entitled to such aid. Where the address of the plaintiff is not stated and is unknown to the court, communication shall be effected by posting a notice in a place designated for this purpose at the court for one week.
(3) Where the plaintiff fails to remedy the non-conformities, the application and the attachments shall be returned, and where the address is unknown, the application shall remain at the office of the court at the disposal of the plaintiff. An interlocutory appeal may be lodged against the return of the application without presenting a copy for service.’

Schedule of state fees collected by the courts under the Code of Civil Procedure
‘Section I
Fees Collected in court proceedings
Article 1. A fee of 4% of the cost of action but not less than BGN 50 shall be collected for an application, a counter-application or an application by a third party with independent rights.

13. Fees in the following amounts shall be collected for issuing a certificate:

2. a certificate on the issue of a European Payment Order and a declaration of enforceability: BGN 40;’

Court fees are payable only by bank transfer to an account of the court.

What fees are applicable?

State fees are collected when the action is brought. The plaintiff must accompany the application with documentary proof of payment of any state fees and costs due.

How much shall I pay?

For an application for a European Payment Order and of a declaration of enforceability: BGN 40.
The court fee for an application, counter-application or application by a third party with independent rights in standard civil proceedings is 4% of the cost of action but not less than BGN 50. The amount of the cost of action in actions for monetary claims is the sum claimed. In the event of an objection to the application for a payment order and an express consent to a shift to the standard action proceedings, the plaintiff must credit the account of the court with the balance of the fee for a standard action.

What happens if I do not pay the court fees on time?

If the plaintiff does not accompany the application with documentary proof of payment of the state fees due when bringing the action, the application is deemed irregular. In such cases, the court will send the plaintiff a communication instructing them to pay the state fees within one week. Where the address of the plaintiff is not stated and is unknown to the court, communication is effected by posting a notice in a place designated for this purpose at the court for one week.
Where the plaintiff fails to remedy the non-conformities, the application and the attachments are be returned, and where the address is unknown, the application remains at the office of the court at the disposal of the plaintiff. In such instances, the case is dismissed.

How can I pay the court fees?

Court fees are payable only by bank transfer to an account of the court, and the payment document must be submitted to the judge/bench examining the case via the court registry. The court fee cannot be paid in cash to the court cashier. Each court has a contract with a bank which provides services to the court. The bank accounts can be found on the official website of the court.

What shall I do after the payment?

Court fees are payable only by bank transfer to an account of the court, and the payment document must be submitted to the judge/bench examining the case via the court registry.

Introduction

Which fees must be paid?

What is the amount?

What are the consequences for late payment of the fees?

How and where are court fees paid?

What must be done after paying the fees?

Introduction

Court fees are regulated under Act No 549/1991 on court fees. A fee tariff forms an annex to the Act. The fees are allocated to the State budget.

The fees are paid into an account set up for the court in question at the Czech National Bank. Fees not exceeding CZK 5 000 can also be paid using revenue stamps.

Which fees must be paid?

In the European order for payment procedure, court fees must be paid in accordance with the general regulation. The same rules are applied here as for other civil court procedures.

What is the amount?

The fee rates for procedures are set in the form of a fixed sum or a percentage in the case of fees where the basis is expressed in the form of a financial sum. The fee percentage is calculated as the product of the fee base and the fee rate. Individual rates are set out in the tariff, which forms an annex to Act No 549/1991 on court fees.

In terms of the European order for payment procedure, the fundamental rule based on the payment criterion is relevant. For an application to initiate a civil court procedure concerning a payment, the fee is set as follows:

• For sums of up to CZK 20 000 there is a fixed fee of CZK 1 000.
• For sums greater than CZK 20 000 and not exceeding CZK 40 000 000, the fee is 5% of the sum.
• For sums greater than CZK 40 000 000, the fee is CZK 2 000 000 plus 1% of the sum over CZK 40 000 000; sums over CZK 250 000 000 are not counted.

What are the consequences for late payment of the fees?

The obligation to pay the fee arises with the filing of an action or, in the case of an appeal, with the filing of the appeal, and also with the imposition of a payment obligation by a court or other institution. Fees become due once the obligation to pay arises.

If the fee is not paid immediately on filing the action or appeal, the court requires the applicant to pay within a time limit set by the court; if the time limit expires without the fee being paid, the court suspends the procedure (except in the case of certain situations specified in the Act). Payment of the fee after expiry of the time limit will be disregarded.

If the decision to suspend a procedure due to non-payment becomes final, the obligation to pay lapses.

How and where are court fees paid?

Fees are paid by bank transfer to the account of the relevant court. The bank details can be found on the websites of the individual courts, which can be found at the Internet portal https://www.justice.cz/. Fees of up to CZK 5 000 can also be paid using revenue stamps.

Matters relating to the fees for a procedure are decided by the court that has substantive and territorial jurisdiction to hear and rule on the case at first instance. Matters relating to the fees for a procedure before a court of appeal or a court of final appeal are decided by the court that decided on the case at first instance, unless otherwise specified below.

If a person is liable to pay a fee in connection with an appeal or a final appeal decision on the merits or in connection with an appeal or final appeal decision that will bring the procedure to an end, the matter of the court fees is decided by the court of first instance, unless the court of appeal or court of final appeal decide on the matter.

What must be done after paying the fees?

The obligations of the person liable to pay a fee are discharged in sending the money to the bank account of the competent court or handing over revenue stamps to the competent court. He is not obliged to hand over any other documents.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

Court fees for the European Payment Order Procedure are governed by the “Court Fees Act” (Gerichtskostengesetz – GKG)

Court fees can be paid either upon application or by paying a court fees invoice. Technically speaking, payment is made via bank transfer.

What fees are applicable?

§ 12(3) and (4) of the Court Fees Act provides that the European Payment Order is to be issued only after payment of the designated fee.

The precise fees are specified in an annex to the Court Fees Act (Cost index [Kostenverzeichnis – KV-GKG)]). Number 1100 KV-GKG provides for a fee with a charge rate of 0.5 for the European Payment Order Procedure.

The amount of the fee is determined by the value of the dispute, which is normally identical to the amount of the claim brought. If, in addition to the principal claim, interest or costs are also involved as ancillary claims, the value of these ancillary claims is not taken into account.

How much shall I pay?

The court fee to be paid upon the issue of a European Payment Order is:

What happens if I do not pay the court fees on time?

If the advance payment on court fees is not made, the court will not issue a payment order and the proceedings will not be taken any further.

In order for the payment to be assigned to the corresponding file number by the court, it is imperative that the applicant also specifies the file number when making the bank transfer.

How can I pay the court fees?

The advance on court fees can be paid directly when filing the application. If it has not yet been paid, the court will send a court fees invoice to the applicant.

a) Bank transfer

You may pay by bank transfer.

b) Credit card

You may not pay by credit card.

c) Collection from the applicant’s bank account by the court

Payment by means of collection from the applicant’s bank account is not possible.

d) Legal aid

Where the applicant has been granted legal aid, he or she will not be required to pay any legal costs or make any advance payments. The application for legal aid may be submitted to the same court as the application for a European Payment Order.

e) Other

There are no other types of payment.

What shall I do after the payment?

After successful payment, the court will assign the payment to the application and process the application.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

If you submit an application for a European order for payment to a court in Estonia, you will have to pay the same state fee as if you were submitting a national application. State fees and other procedural costs are governed by the Code of Civil Procedure and the State Fees Act. You can pay a state fee of up to 10 euros in cash at the courthouse. If the state fee exceeds 10 euros, you will have to pay it by bank transfer before submitting your application to the court.

What fees are applicable?

When you submit your application, you will have to pay a state fee to cover the costs of the proceedings. In addition, you may have to bear the costs of serving procedural documents during the proceedings (costs in the range of 30-60 euros for using the assistance of a bailiff if the documents are served in Estonia, or translation costs if they are served abroad). There are no other costs.

How much shall I pay?

If you submit an application for a European order for payment to a court in Estonia, the state fee you will have to pay is the same as if you were submitting a national application, i.e. 3% of the total claim (the amount of money claimed, i.e. the sum of the principal and collateral claims), but not less than 45 euros.

On changing from the expedited payment order procedure to an ordinary legal action, you will have to pay an additional state fee equivalent to the amount not covered by the state fee you paid when applying for the expedited payment order procedure. The size of the state fee you pay for an action depends on the amount of money you claim. For example, you will have to pay a state fee of 75 euros for a claim of up to 350 euros in an action, a state fee of 100 euros for a claim of 351-500 euros, a state fee of 125 euros for a claim of 501-750 euros, etc. (rates effective as at 14 May 2019).

What happens if I do not pay the court fees on time?

You must pay the state fee in advance when submitting an application. If you have not paid the state fee, the court will give you the opportunity to pay it by a deadline set by the court. If you do not pay the state fee by that deadline, the court will dismiss your application.

If you submit an application to change from the expedited payment order procedure to an action, the action will not be accepted until you have paid the additional state fee for the action.

How can I pay the court fees?

State fees can only be paid by bank transfer. Credit cards are not accepted. For all payments intended to be made to the courts, the payee is the Ministry of Finance.

On orders for payment intended for a state authority or a foundation established by the state, the Ministry of Finance must be indicated as the payee and the current account number must also be indicated.

Each authority has its own reference number, on the basis of which the Treasury will transfer the amount received to the account of the relevant authority in the e-State Treasury.

It is mandatory to indicate the reference number. A unique reference number is provided by the authority to which the transfer is to be made.

You can find more information on state fee accounts and the reference numbers of the courts on the Estonian Courts website.

What shall I do after the payment?

You must provide the court with information confirming payment of the state fee, so that the court can verify receipt of the state fee. This information is as follows: the name of the person paying the state fee, details about the bank and the account into which the state fee was paid, the amount paid, and the date of payment. The court can verify receipt of the payment electronically, i.e. you do not need to submit the payment order confirming payment of the state fee. However, the court may ask for it, if necessary.

National Regulations for payment of court fees are:

S.I. No. 22 of 2014

S.I. No. 23 of 2014

S.I. No. 24 of 2014

At present the Irish court fees orders do not specify any fee for applications for European Orders for Payment. You should therefore forward your application without any fee attached.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

The court fee in civil cases, which include the European order for payment procedure, is a State tax paid at the commencement of the proceedings upon application by a party. The fee is regulated by Law 10/2012 of 20 November 2012 concerning certain fees in the area of the administration of justice and the National Institute of Toxicology and Forensic Science (Ley 10/2012, de 20 de noviembre, por la que se regulan determinadas tasas en el ámbito de la Administración de Justicia y del Instituto Nacional de Toxicología y Ciencias Forenses), amended by Royal Decree Law 3/2013 of 22 February 2013 and Order HAP/2662/2012 of 13 December 2012 (amended by Order HAP/490/2013 of 27 March 2013).

It is also regulated by Royal Decree Law 1/2015 of 27 February 2015 on second-chance mechanisms, reducing the financial burden and other social security measures (Real Decreto Ley 1/2015 de 27 de febrero, de mecanismos de segunda oportunidad, reducción de carga financiera y otras medidas de orden social), which further amended Law 10/2012 cited above.

The fee should be paid through the Tax Agency (Agencia Tributaria) using a downloadable form to be completed as follows (click here) or by means of an application that is generated once the data have been filled in (click here) and which allows payment online (this option currently available only to large undertakings).

Payment should be made on submission of application form A. Payment can be made by the legal representative or lawyer (abogado) in the name and on behalf of the taxable person, in particular if the latter is not resident in Spain. A non-resident need not obtain a tax identification number prior to self-assessment. The legal representative or the lawyer does not bear tax liability for this payment.

What fees are applicable?

In the European order for payment procedure, the person who instigates the judicial activity that produces the chargeable event is liable for payment of the fee, i.e. the person who submits a claim or counterclaim via Form A, when the claim is based on a document that constitutes an extrajudicial enforceable instrument pursuant to Article 517 of Law 1/2000 of 7 January 2000 on civil procedure (Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil) and exceeds EUR 2 000. If it is an enforceable procedural instrument, it is exempted from payment. Similarly, all physical persons and legal entities that are entitled to legal aid are exempted as long as they can demonstrate that they meet the conditions for legal aid laid down in the applicable legislation.

How much shall I pay?

In the European order for payment procedure, a fixed amount of EUR 100 is payable plus a variable amount which depends on the amount claimed and is obtained by applying to the tax base the rate applicable as per the following table:

The taxable amount is the amount of the judicial procedure. For the European order for payment procedure, the amount of the judicial procedure is the amount of the principal claim plus interest and contractual penalties.

For a European order for payment procedure of EUR 9 000 involving a legal entity, the fee would be EUR 100 + EUR 9 000 x 0.50 % = EUR 145.

What happens if I do not pay the court fees on time?

If proof of payment of the fee is not provided at the outset, the lawyer of the judiciary (Letrado de la Administración de Justicia) will request the taxpayer to provide such proof and will not process the claim form until it has been received. Failure to submit proof of payment does not prevent application of the time limits laid down in procedural law, so if the fee remains unpaid after the lawyer's request, the procedural act will not be allowed to proceed and the proceedings will be continued or closed, as applicable.

How can I pay the court fees?

The fee must be paid by the self-assessment procedure prior to the submission of the procedural act by the relevant party. The fee should be paid using official form 696 for self-assessment of the fee for the exercise of judicial power to be completed as follows (click here), or by means of an application that is generated once the data have been filled in (click here). Payment can be made in person at any of the collection agencies. The form is available in Spanish and English.

Online payment is currently available only for large undertakings, via bank transfer, credit card, debiting from bank account, etc., as the legislation on fees was amended recently and a technical solution is not yet in place.

Court fees are included in legal aid, which is regulated in Law 1/1996 of 10 January 1996 on legal aid(Ley 1/1996, de 10 de enero, de asistencia jurídica gratuita), chiefly in Articles 1-8 and 46-51.

The relevant information is available at http://www.justiciagratuita.es/, via which legal aid can be applied for. Select the Bar Association (Colegio de Abogados) located in the place where the court that will deal with the matter is located.

What shall I do after the payment?

Form A must be accompanied by proof of payment of the fee as per the official form (paper or electronic), duly validated.

It is not yet possible in Spain to send European payment order forms electronically. Proof of payment (whether received on paper or electronically) should be sent in paper form together with the other required documentation.

Once the option of electronic submission becomes available, there will be a 10 % reduction of the fee when this option is used. The law provides for reimbursement of 60 % of the fee in the event of an agreement or acceptance of the claim putting an end to the dispute.

Introduction

Which fees apply?

How much will I pay?

What happens if I fail to pay the court fees on time?

How can I pay for court fees?

What do I do once I have made payment?

Introduction

Court fees in the Republic of Croatia are governed by the Court Fees Act (Zakon o sudskim pristojbama) (Narodne novine (NN; Official Gazette of the Republic of Croatia, No 118/18)) and the Decree on the Court Fee Tariff prescribed by the Government of the Republic of Croatia.

Pursuant to Article 5 of the Court Fees Act, the fees prescribed under the tariff of court fees are to be paid by cashless payment, in cash, in revenue stamps issued by the Republic of Croatia or electronically .
For petitions which are submitted electronically, pursuant to special regulations via the information system which is used in court business, a fee is to be paid at the moment of their submission. The amount to be paid is equal to half of the prescribed amount of the fee established by the tariff.
Regarding decisions which are served by a court electronically, pursuant to the special regulations via the information system which is used in court business, one half of the prescribed amount of the fee established by the tariff is to be paid if it is paid within three days from the day of electronic service.

Which fees apply?

Court fees are paid in all civil and commercial court proceedings. Pursuant to Article 11 of the Court Fees Act, the following are exempt:

1. the Republic of Croatia and government bodies
2. persons and bodies exercising public authority in procedures arising from the exercise of these powers
3. workers in disputes and other procedures related to the exercise of their rights arising from employment
4. civil servants and employees in administrative disputes related to the exercise of their rights stemming from employment
5. disabled war veterans of the Croatian War of Independence, based on appropriate documents proving their status, as well as disabled persons, based on appropriate documents of the Department of Expertise, Vocational Rehabilitation and Employment of Persons with Disabilities
6. spouses, children and parents of soldiers who were killed, missing and detained in the Croatian War of Independence, based on appropriate documents proving their status
7. spouses, children and parents of persons who were killed, missing and detained in the Croatian War of Independence, based on appropriate documents proving their status
8. refugees, displaced persons and returnees, based on appropriate documents proving their status
9. welfare recipients who receive subsistence allowance
10. humanitarian organisations, organisations dealing with the protection of families of those killed, missing and detained in carrying out humanitarian activities and organisations of disabled people
11. children as parties in proceedings for maintenance or in proceedings concerning claims based on that right
12. parties initiating proceedings for the determination of maternity or paternity and proceedings for the costs incurred by pregnancy and the birth of a child outside of marriage
13. parties seeking restoration of legal capacity
14. minors seeking authorisation to enter marriage
15. parties to the proceedings in order to hand over a child and for the purpose of exercising a personal relationship with a child
16. parties initiating procedures over rights arising from compulsory pension and general medical insurance, over rights of the unemployed pursuant to employment regulations and social welfare rights
17. parties initiating procedures for the protection of constitutionally guaranteed human rights and freedoms against final individual acts
18. parties in environmental pollution compensation disputes
19. trade unions and higher level trade union associations in civil proceedings for judicial approval of replacement and in collective labour disputes and union representatives in civil proceedings in the exercise of the powers of the works council
20. consumers as bankruptcy debtors
21. other persons and bodies as required by a special law.

A foreign state is exempt from the payment of fees, if so provided by international treaty or subject to reciprocity.

In case of doubt about the conditions of reciprocity, the court will request an explanation from the Ministry of Justice.

The exemption from point 10 applies to those humanitarian organisations for which the minister responsible for social welfare affairs issues an appropriate decision.

Exemption from the payment of court fees does not apply to the bodies of municipalities and cities unless, in accordance with a special law, the exercise of public authority has been delegated to them.

In European order for payment procedures, the following fees are payable:

• for the European order for payment proposal – the plaintiff pays
• for a European order for payment decision – the plaintiff pays
• for a complaint against the European order for payment – the defendant pays

if the procedure goes to litigation

• for a judgement – the plaintiff pays
• for an appeal – the appellant pays
• for a response to an appeal – the person filing the response pays (responding is optional)
• extraordinary remedy – revision is allowed against the decision of the court of second instance if the dispute amount exceeds HRK 200,000.00
• court fees are paid by the revision applicant and the person responding to the revision (responding is optional).

How much will I pay?

I. For a claim, counter-claim, judgement and an objection to an order for payment, a court fee commensurate to the dispute amount is to be paid (calculated only for the amount of the main application without interest and costs), as follows:

II. Half of the fee referred to under point I. is payable for a European order for payment proposal, a European order for payment decision, a response to an appeal or revision.

III. Double the amount of court fees referred to in point I is payable on appeal of a judgement or revision.

IV. A court fee is not payable where a court settlement is reached during the court proceedings.

What happens if I fail to pay the court fees on time?

Court fees will be collected by enforcement, and where not paid immediately then an additionally charge of HRK 100.00 will be levied.

How can I pay for court fees?

Court fees are to be paid by cashless payment, in cash, in revenue stamps issued by the Republic of Croatia or electronically.

The cash fee can also be paid in the court's accounting, in which case the court is obliged to pay that money into the budget revenue from court fees within five days of the date of collection.

Fees can be paid in revenue stamps if the fee is less than HRK 100.

Information on the fee payment method is to be made available on the e-Bulletin Board website, court websites and in court offices.

Court fees can be paid through any bank or post office into the State Budget of the Republic of Croatia.

In order to pay court fees from abroad the following information must be included:

SWIFT: NBHRHR2X

IBAN:HR1210010051863000160

Giro account (CC):1001005-1863000160

Model:HR64

Reference number: 5045-20735-PIN (or other personal identification number for the payer)

Beneficiary: Ministry of Finance of the Republic of Croatia, on behalf of the Commercial Court in Zagreb

The payment description should include the fee for case ________ (number of the case file, and a description of the payment, e.g. court fee for a proposal to issue the European order for payment)

What do I do once I have made payment?

Once payment has been made, proof of payment must be sent to the court trying the case for which the fee is being paid, including a reference to the number of the case being heard (if the case number is known) or where an application for the issuance of an European order for payment has just been filed then proof of the bank payment must accompany the application.

The parties are to submit documents to the court regularly by mail (registered or ordinary parcel delivery) or electronically, in a form pursuant to special regulations via the information system which is used in court business.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

The rules on the costs of proceedings are set out in the Consolidated law on legal costs (Testo Unico delle disposizioni legislative e regolamentari in materia di spese di giustizia) contained in Presidential Decree No 115 of 30 May 2002 (Decreto del Presidente della Repubblica 30 maggio 2002 n. 115).

What fees are applicable?

In civil actions, each party covers the costs of its own documents and of the documents necessary for the action if the law or the court requires that party to pay them (Article 8 of the Consolidated law on legal costs, Presidential Decree No 115/2002).

The fees in civil actions are as follows:

• standard fee to bring the action
• service fees
• fees for copies

How much shall I pay?

The amounts payable are laid down in Article 13 and Article 30 of Presidential Decree No 115/2002 regarding, respectively, the standard fee and the advance payment to cover service costs at the request of the court.

Fees for copies are governed by Articles 267 et seq. of Presidential Decree No 115/2002 and are listed in Tables 6, 7 and 8 annexed to that decree.

Under Article 46 of Law No 374/1991 establishing the Office of Justice of the Peace (Legge 21 novembre 1991, n. 374 Istituzione del giudice di pace) [in Italy, justices of the peace are legally qualified], only the standard fee is payable for documents and judgments for amounts up to €1,033.

What happens if I do not pay the court fees on time?

In the event of non-payment, the court or a debt collection company (agreement in place with Equitalia Giustizia SpA) will serve a payment notice with instructions on how to arrange payment of the standard fee (Article 248 of Presidential Decree No 115/2002).

In the event of non-payment of the fees for copies and the amount provided for in Article 30 of Presidential Decree No 115/2002, the court may refuse to accept the document (Article 285 of Presidential Decree No 115/2002).

How can I pay the court fees?

If the payment is made in Italy via a postal account, Form F23 or stamps purchased from authorised tobacconists and retailers should be used.

Payments from abroad by bank transfer should be made to the following account:

BIC: BITAITRRENT

IBAN: IT 04 O 01000 03245 350008332100

What shall I do after the payment?

After the payment, the relevant receipt must be produced to provide the court with proof of payment.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

In European Payment Order procedures initiated in Hungary, a fee for the notarial procedure must be paid in order to enforce an uncontested financial claim pursuant to Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, the amount of which is established by Act L of 2009 on payment order procedures and Decree No 14/1991 of 26 November 1991 of the Minister for Justice on notary fees. According to these rules, a notary fee of 3 % of the value of the claim must be paid when the procedure is initiated. The claimant may choose to make the payment in cash or by credit/debit card at the notary's office, or by transfer to the bank account of the notary, or by postal order.

What fees are applicable?

A notary fee must be paid when the procedure is initiated.

How much shall I pay?

The amount of the notary fee is 3 % of the amount of the financial claim excluding charges (interest, costs); for several claims the notary fee is 3 % of the sum of the amounts, but at least HUF 5 000 and no more than HUF 300 000. If more than five persons are involved in the procedure, the minimum fee is HUF 1000 multiplied by the number of parties. If the financial claim is denominated in a currency other than HUF, the fee must be paid for the HUF equivalent of the claim – calculated on the basis of the official exchange rate of the central bank for the day when the application is made.

What happens if I do not pay the court fees on time?

If the claimant does not pay the notary fee when the procedure is initiated, the proceeding notary requests the claimant to pay the notary fee. If the claimant fails to comply with the request by the deadline given, the notary will reject the application.

How can I pay the court fees?

The claimant may select any of the ways listed below to pay the notary fee:

1. He or she may make the payment in cash to the proceeding notary.
2. He or she may make the payment by postal order provided by the notary to the payment account of the proceeding notary at any post office.
3. He or she may pay by transfer to the notary’s bank account.
4. If the adequate facilities are available in the office of the proceeding notary, he or she may make the payment by credit/debit card.

What shall I do after the payment?

If the notary fee is paid in cash or by credit/debit bank card at the notary’s office, the claimant is not required to provide proof of payment.

If the claimant pays the notary fee by postal order, the receipt proving payment must be attached to the application for a European Payment Order.

If the claimant pays the notary fee by transfer to the notary’s bank account, he or she is required to attach to the application for a European Payment Order a daily bank statement or a copy thereof, proving that the amount has been debited.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

The European order for payment procedure (Regulation (EC) No 1896/2006, which entered into force on 12 December 2008) allows creditors to recover their uncontested cross-border civil and commercial claims under a uniform procedure that operates on the basis of standard forms. The procedure does not require the parties to attend court. The Regulation applies between all EU Member States with the exception of Denmark.

The Council for the Judiciary (Raad voor de rechtspraak) has designated the District Court of the Hague (Rechtbank Den Haag) as the sole district court competent to handle European Payment Order cases. If a statement of opposition is lodged, the proceedings may be continued in accordance with the ordinary rules of territorial jurisdiction.

To lodge an application under the European Payment Order procedure, form A must be used. This form is available in all languages of the European Union on the European Commission’s website.

The form

Applications may be lodged with the District Court of the Hague in Dutch only.

Applications under the European Payment Order procedure may be sent to:

Rechtbank Den Haag

Sector civiel recht

Algemene Zaken

Postbus 20302

2500 EH Den Haag

For more information please call the court’s General Affairs registry (griffie Algemene Zaken). The telephone number of the court’s General Affairs registry is: +31 (0)70-381 22 64.

What fees are applicable?

The fees depend on the amount of the principal claim. See also: How much shall I pay?

How much shall I pay?

An overview of the fees applicable for 2019 is set out below.

For more information please see the following websites: Rechtspraak.nl and Raad voor Rechtsbijstand.

What happens if I do not pay the court fees on time?

If the court fees are not paid on time, the application may not be taken any further and the case will be dismissed.

How can I pay the court fees?

The applicant receives an invoice for payment of the court fees. Payment can be made by bank transfer.

What shall I do after the payment?

After paying the court fees you should wait for further information from the District Court of the Hague.

The Regulation creating a European order for payment procedure stipulates that the court will issue a European order for payment as soon as possible and normally within 30 days of the lodging of the application.

Related links

Fees applicable for 2019

Rechtspraak.nl

Raad voor Rechtsbijstand

Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure

Tämän sivun alkukielistä versiota on muutettu äskettäin. Päivitystä suomennetaan parhaillaan.

Court fees concerning European Payment Order procedure - Austria

Regulatory framework governing fees of legal professions

Lawyers

Generally speaking, according to the Austrian Lawyers’ Code (Rechtsanwaltsordnung), fees to be paid to lawyers for services rendered can be freely agreed between lawyer and client.

Fees may be calculated based on an hourly rate or as a flat-rate fee. A flat‑rate fee does not vary with the individual services rendered or the amount of time involved. If no fee is expressly set, a reasonable level of remuneration is deemed to have been agreed on the basis of the scales of fees set out in the Scales of Legal Fees Act (Rechtsanwaltstarifsgesetz) or the General Fee Criteria for Lawyers (Allgemeinen Honorar-Kriterien für Rechtsanwälte).

The Austrian Code of Civil Procedure (Zivilprozessordnung – ZPO) and the Scales of Legal Fees Act provide that in civil proceedings the court is to determine the share of the costs that the losing party must reimburse to the successful party. These costs are based on the value of the dispute and the duration and nature of the service provided.

In criminal proceedings, the general rule is that anybody who has hired a lawyer to act on their behalf (a defendant, a party bringing a private prosecution, or a party asking that a civil claim be joined to the criminal proceedings) must also bear the resulting costs. This is also the case where the defence counsel was appointed by the court, unless the conditions for the granting of legal aid are satisfied. Costs regularly vary according to the type and composition of the court involved (e.g. a district court, a regional court with one judge sitting, a court with lay assessors, or a jury court).

Bailiffs

The remuneration that court bailiffs (Gerichtsvollzieher) receive for their activities is laid down in the Execution Fees Act (Vollzugsgebührengesetz). Specifically, the law provides for an execution fee that the applicant creditor has to pay when the application for execution is submitted, together with a flat-rate fee as set out in the Court Fees Act (Gerichtsgebührengesetz -GGG).

The execution fee (§ 2 Execution Fees Act) forms part of the costs of the execution proceedings. When awarding costs, the court may order the debtor to reimburse the execution fee if the creditor so requests.

The bailiff is also entitled to remuneration for taking receipt of payments. This may be deducted from the amount collected (§ 11 Execution Fees Act).

Fixed Costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

The court fees payable for using the services of the courts take the form either of a flat fee or a proportional fee of the basis of assessment. The amount depends on the nature of the case and the value of the dispute (which is determined by the monetary value of the claim) and the number of parties. For more than two parties, a multi-party surcharge may be applied, in accordance with § 19a of the Court Fees Act (from 10–50 %).

Stage of the civil proceeding where fixed costs must be paid

For civil proceedings at first instance a flat-rate fee must be paid when lodging the application. The fee is payable only once, irrespective of the progress of proceedings at this stage and regardless of whether the action contains more than one claim or relates to more than one person, and covers the entire proceedings at first instance. If the relief sought is extended during the course of the proceedings, additional fees may be incurred. These become payable when written pleadings are filed. Where the relief sought is extended during a hearing, the fee is due when this is placed on record. At second or third instance, the fee becomes payable when the notice of appeal is filed (§2(1) of the Court Fees Act). By way of exception, in non-contentious proceedings, a decision fee rather than a claim fee is sometimes payable.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

A fee has to be paid under Item 13 of the Court Fees Act only in the case of a private prosecution.

Stage of the criminal proceeding where fixed costs must be paid

Fixed costs must be paid at the beginning of proceedings, and when the notice of appeal is filed.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

Under§ 17a(1) of the Constitutional Court Act (Verfassungsgerichtshofgesetz – VfGG), the fee is EUR 220.

Stage of the constitutional proceedings where fixed costs must be paid

Fixed costs must be paid at the beginning of proceedings.

Prior information to be provided by legal representatives

Rights and obligations of the parties

In general terms, the lawyer is under an obligation to inform his or her client how fees will be calculated and what costs the client can expect to incur. §50(2) of the Guidelines on Practising as a Lawyer and the Supervision of Lawyers’ Obligations (Richtlinien für die Ausübung des Rechtsanwaltsberufs und für die Überwachung der Pflichten des Rechtsanwalts – RL-BA) recommends that when taking on a new case the lawyer should inform the client of the basis on which the fee will be charged and of the lawyer’s entitlement to interim payments. Unless a flat-rate fee has been agreed, the client is entitled, at reasonable intervals, to request an interim statement of account or a statement of services already rendered, or, where a time-based fee has been agreed, a statement of time already spent. Likewise, before the lawyer is appointed an agreement should be entered into concerning the commencement and frequency of interim payments.

Cost sources — legal bases

Where can I find information on legal fees in Austria?

The statutory rules on liability for costs in contentious civil proceedings (including commercial matters) can be found in §§ 40-55 of the Code of Civil Procedure. Non-contentious proceedings (for example proceedings relating to family matters, in particular divorce by mutual consent, or disputes over custody, access rights or maintenance claims) are subject to separate rules on liability for costs. The general rules are set out in § 78 of the Non‑Contentious Proceedings Act (Außerstreitgesetz – AußStrG). Exceptions to these general rules apply, inter alia, in proceedings relating to custody and access disputes and proceedings concerning maintenance claims for minors. Costs in criminal proceedings are regulated by §§ 380-395 of the Austrian Code of Criminal Procedure (Strafprozessordnung – StPO). The court fees (flat-rate fees) are set out in the Court Fees Act.

An outline of the fees lawyers are entitled to charge is given in an online information leaflet on the homepage of the Austrian Bar Association (Österreichischer Rechtsanwaltskammertag). General information can also be obtained via the homepage of the HELP service for foreign citizens living in Austria [Amtshelfer für Österreich] via the link: Leben in Österreich > Zivilrecht > Zivilverfahren [Living in Austria > Civil Law > Civil Procedure].

This website HELP service for foreign citizens living in Austria provides general information on court fees. The texts of laws (such as the Court Fees Act and the rules on scales of fees) are available free from the Legal Information System of the Republic of Austria (Rechtsinformationssystem des Bundes) on the homepage of the Federal Chancellor’s Office (Bundeskanzleramt).

In what languages can I obtain information on cost sources in Austria?

In German.

Where can I find information on mediation?

A list of mediators (maintained by the Austrian Ministry of Justice) is available to the general public from a webpage dedicated to mediation.

With regard to restorative justice in criminal proceedings, information on defendant-victim mediation is available on the NEUSTART homepage (also in English).

Where can I find additional information on costs?

Online information on procedural costs

General information on the Austrian judicial system, legal costs and the Federal Ministry of Justice can be found on the Austrian Justice website and on the website of the HELP service for foreign citizens living in Austria, which provides reader-friendly information.

The Legal Information System of the Republic of Austria provides the text of the following laws:

• The Court Fees Act (Gerichtsgebührengesetz – GGG)
• The Fees Entitlement Act (Gebührenanspruchsgesetz – GebAG)
• The Lawyers’ Code (Rechtsanwaltsordnung – RAO)
• The Scales of Legal Fees Act (Rechtsanwaltstarifgesetz – RATG)

The text of the General Fee Criteria for Lawyers (Allgemeine Honorar-Kriterien für Rechtsanwälte – AHK) is available from the portal of the Austrian Bar Association.

Where can I find information on the average length of time that different procedures take?

Please contact the Austrian Ministry of Justice directly for this kind of information.

Where can I find information on the average aggregate cost for a particular proceeding?

Court fees payable for each kind of proceeding are established in advance (by the Court Fees Act). They may change if the value of the dispute goes up or down. In civil proceedings, the court determines which fees and costs (lawyers’ fees, experts’ fees, interpreting/translation costs) are to be paid by the losing party to the winning party. The court makes its order on the basis of the Scales of Legal Fees Act (for lawyers’ fees) and the Fees Entitlement Act (for experts’ and interpreters'/translators’ fees). The costs are based largely on the expenditure involved and the time spent. Therefore, a specific figure cannot be given in advance. In principle, the fee to be paid by the client to the lawyer can be freely agreed upon between them.

Value Added Tax

Where can I find information on VAT? What are the applicable rates?

Lawyers’ services are subject to value added tax. VAT in Austria is 20%. Like other expenses, this must be paid to the lawyer separately, as stipulated in § 16 of the Scales of Legal Fees Act and § 17 of the General Fee Criteria for Lawyers. The scales of fees set out in the Scales of Legal Fees Act and the General Fee Criteria do not include value added tax.

Legal aid

Applicable income threshold in the area of civil justice

Eligibility for legal aid (Verfahrenshilfe) is not based on a statutory income threshold. In civil proceedings (and in commercial matters), legal aid is governed by the Austrian Code of Civil Procedure. The provisions of the Code of Civil Procedure apply mutatis mutandis in non‑contentious proceedings. The decision to grant legal aid is taken by the court of first instance.

Legal aid is granted to a party only if his or her income, financial circumstances and maintenance obligations are such that he or she cannot afford the cost of legal proceedings without encroaching on the level of resources necessary to maintain a modest standard of living. Legal aid shall not be granted if the intended legal action or defence appears manifestly vexatious or devoid of any prospects of success. The court decides which of the benefits listed below are to be granted in each individual case.

In Austria, legal aid may comprise:

1. temporary exemption from payment of court fees, fees of witnesses, experts and interpreters or translators, the cost of any necessary public announcements, the costs of a trustee and any out-of-pocket expenditure incurred by the representative or lawyer designated by the court
2. representation by a lawyer.

Within three years after the proceedings have been concluded parties in receipt of legal aid may be required to repay the sum, in whole or in part, if their financial position changes and they are now in a position to make those payments without encroaching on their necessary level of resources.

Applicable income threshold for defendants and victims in the area of criminal justice

No fixed financial threshold is used to determine whether a defendant, victim of crime or civil claimant is entitled to legal aid. Maintenance above the minimum living wage and below an appropriate maintenance level are the guiding criteria. The minimum living wage is regularly re-evaluated and the current rate is published on the Austrian Justice website.

Conditions attached to the granting of legal aid to victims

Where there is no entitlement to judicial assistance (Prozessbegleitung) under §66(2) of the Austrian Code of Criminal Procedure (Strafprozessordnung – StPO), a civil claimant is entitled to legal aid if

• he or she cannot afford representation by counsel without encroaching on his or her necessary level of resources (see the statements on the necessary level of resources above), and
• representation by counsel is in the interests of the administration of justice, and especially in the interests of proper enforcement of claims in order to avoid subsequent civil proceedings.

Conditions attached to the granting of legal aid to defendants

Aside from the financial conditions, legal aid must be in the interests of the administration of justice, and especially in the interests of proper defence.

Assignment of defence counsel is in any event considered to be in the interests of the administration of justice where

• there is a case of imperative defence (notwendige Verteidigung) under § 61(1) of the Code of Criminal Procedure (see below),

• if the defendant is blind, deaf, dumb, or handicapped in some other way or does not have sufficient knowledge of the language used by the court,
• in appeal proceedings,
• if the case involves complex factual and legal circumstances.

In cases of imperative defence a defendant must be represented by defence counsel. § 61(1) of the Code of Criminal Procedure gives an exhaustive list of the cases where defence is imperative, as set out by law:

1. where and as long as the defendant is being held in pre-trial detention;
2. throughout the entire proceedings for confinement in an institution for mentally unwell offenders;
3. in trial proceedings for confinement in an institution for addicted offenders in need of rehabilitation or in an institution for dangerous re‑offenders;
4. in trial proceedings before a regional court when it is sitting with lay assessors or a jury;
5. in trial proceedings before a regional court when a single judge is sitting, if the sentence which may be imposed amounts to more than three years’ imprisonment, except in the cases of burglary referred to in § 129(1)–(3) of the Austrian Criminal Code (Strafgesetzbuch – StGB) and receiving stolen goods referred to in § 164(4) of the Criminal Code;
6. in adversarial interrogation (§ 165), where this forms part of the imperative defence in trial proceedings in accordance with points 3 to 5, in an appeal against a judgment of a court sitting with lay assessors or a jury;
7. for the lodging of an application for a re‑trial and any public hearing on the application.

Cost-free court proceedings

In order to protect the rights of a victim in criminal proceedings, psycho-social assistance or judicial assistance are available on application, free of charge, to victims of violent acts, dangerous threats or sexual offences, and the spouse, life partner, relative in the direct line, brother or sister of a person whose death may have been caused by a criminal offence, or other relatives who were witnesses to the criminal offence. Victims of sexual offences under 14 years of age are entitled to assistance free of charge in all cases, without having to submit an application. Psycho-social assistance covers the preparation of the victim for the proceedings and the emotional burden caused by the proceedings. Psycho‑social and judicial assistance are provided by victim support organisations contracted by the Federal Ministry of Justice under § 66 paragraph 2 of the Code of Criminal Procedure.

In non-contentious proceedings, no fees are payable for the appointment of a trustee (Sachwalter) or in custody and access proceedings. Nor are any fees due for proceedings under the Institutional Confinement Act (Unterbringungsgesetz) or the Residential Care Act (Heimaufenthaltsgesetz). Where a party has a low income and limited assets, in relation to the fees to be paid, legal aid may be granted in the form of provisional exemption from fees. The scale of the exemption granted depends on the application and is at the court’s discretion.

When does the losing party have to pay the winning party’s costs?

Contentious proceedings

Costs in civil proceedings (including commercial cases) are governed by the Austrian Code of Civil Procedure. This provides that, generally, each party must initially pay the costs incurred by their involvement in the proceedings. Mutually incurred costs are initially to be equally split between the parties. When the court decides the case it makes an order as to costs. The principle is that costs are awarded to the successful party. A party who loses a dispute in every respect must compensate the other party for all the fees and costs that were necessary for the proper prosecution or defence of the case. If the parties have succeeded in some of their claims and failed in others, the costs are mutually offset or shared proportionately.

Departure from the principle that costs are awarded to the successful party is justified in certain cases:

• in the case of defeat on a relatively minor point, if the part of the action that is dismissed has occasioned no particular costs;
• if the amount of the claim is determined by experts, or is at the court’s discretion, and where costs are to be offset against each other;
• if the defendant’s conduct has given no cause for bringing the action and he or she has acknowledged the claim at the first opportunity;
• if one of the parties has caused the proceedings to be cancelled or to be declared null and void, that party may be required to pay the full costs.

Non-contentious proceedings

Family law matters (maintenance, access rights and custody proceedings and divorce by mutual consent) are dealt with in non-contentious proceedings. The general rules on costs in non-contentious proceedings can be found in § 78 of the Non-Contentious Proceedings Act. But exceptions to these rules are made for many kinds of proceedings. Here, too, the principle normally applies that costs should be awarded to the successful party, but may be awarded differently on grounds of equity.  If no compensation is claimed, out-of-pocket expenses (e.g. fees for experts) must be paid in proportion to the share in the case. If this share cannot be determined, they must be divided equally.

Details for the various types of proceeding (maintenance, access rights and custody proceedings and divorce):

1. As regards divorce proceedings, a distinction must be made between contested divorce and divorce by mutual consent.

Contested divorce: Special provisions of the Austrian Code of Civil Procedure apply to contested divorces. If neither party is found to be at fault in the divorce, costs must be mutually offset. If the ground for divorce is breakdown of the marriage, and if the judgment contains a ruling on responsibility for the breakdown, the guilty party must pay the other’s costs.

Divorce by mutual consent: The rules of non-contentious proceedings apply to divorce by mutual consent. In this case, spouses submit two identical applications to the court. Since there are no adversarial proceedings there is no award of costs. Out-of-pocket expenses must be borne equally by the parties.

1. Custody and access proceedings are also non-contentious proceedings. By virtue of an exemption clause (§ 107(5) of the Non‑Contentious Proceedings Act), no costs are awarded in this kind of proceedings.
2. By virtue of another exemption clause (§ 101(2) of the Non‑Contentious Proceedings Act), no costs are awarded in proceedings concerning maintenance claims for children who are still minors.

Criminal proceedings

In criminal proceedings, every person who is represented by defence counsel or another representative has to bear the costs himself or herself, even if the lawyer was appointed by the court (§ 393(1) of the Code of Criminal Procedure).

A judgment convicting the defendant must also order the defendant to pay the costs of the criminal proceedings (§ 389(1) of the Code of Criminal Procedure). Pursuant to § 381(1) of the Code of Criminal Procedure the following costs may be incurred in criminal proceedings:

1. a flat‑rate fee as a share of costs of the criminal proceedings not further detailed below, including the costs of investigation and of instructions issued by the public prosecutor or by the court to conduct official acts, which Section 381(3) limits to the following maximum amounts: in proceedings before the regional court sitting with a jury, from EUR 500 to EUR 10 000; in proceedings before the regional court sitting with lay assessors, from EUR 250 to EUR 5 000; in proceedings before the regional court sitting with a single judge, from EUR 150 to EUR 3 000; and in proceedings before the district court, EUR 50 to EUR 1 000;
2. experts’ fees and in general also interpreters’ fees;
3. costs for information, reports or opinions provided by public authorities;
4. costs for the transport of the defendant or witnesses from abroad;
5. costs due to a freezing order and costs for information on bank accounts, for the seizure of letters, for information on telecommunication data, and for the interception of telecommunication;
6. costs relating to the enforcement of the sentence, including costs of transferring prisoners to a domestic or foreign penal system, excluding the costs of enforcing a custodial sentence;
7. court fees relating to the criminal proceedings;
8. costs of defence counsel or other representatives;
9. a flat‑rate fee in respect of costs for assistance given to the victim, up to EUR 1 000.

With the exception of the costs listed under the third, seventh and ninth points above, these costs are advanced by the federal authorities. When deciding on the flat‑rate fee under Section 381(1)(9), the court takes account of the economic capacity of the person liable. Costs for the services of an interpreter do not have to be repaid by the defendant.

§ 391(1) of the Code of Criminal Procedure, however, provides that the costs of the criminal proceedings are to be recovered from the convicted person only provided this does not endanger the resources necessary for the convicted person and their family to maintain a modest standard of living or their ability to pay compensation for the damage caused. If the costs cannot be recovered because of the convicted person’s lack of means, the court may declare the costs unrecoverable. If the court finds that the costs will become recoverable in the future, but are not recoverable for the time being, the economic capacity of the person concerned has to be re-examined after a certain period. The statutory limitation period applicable to the recovery of costs is five years after the delivery of the final decision in the proceedings. If the court decides that the convicted person has to bear the costs of the proceedings and it subsequently emerges that he or she is not in a position to do so, the authorities may extend the payment deadline, permit payment by instalments, or reduce the costs.

If the convicted person is obliged by the judgment of the criminal court to pay at least partial compensation to a civil claimant, he or she also has to reimburse the costs incurred by the civil claimant in the criminal proceedings.

According to § 393a of the Code of Criminal Procedure, a defendant who is acquitted may request a contribution from the federal authorities to his or her defence counsel’s costs. This covers necessary cash expenditure actually incurred and a flat‑rate fee in respect of defence counsel costs. The flat‑rate fee is determined in light of the extent and complexity of the defence and the scope of the necessary and proper services provided by the defence counsel, and may not exceed the following amounts: in proceedings before the regional court sitting with a jury, EUR 10 000; in proceedings before the regional court sitting with lay assessors, EUR 5 000; in proceedings before the regional court with one judge sitting, EUR 3 000; and in proceedings before the district court, EUR 1 000.

Where criminal proceedings are initiated by a private prosecution or on the application of a civil claimant under § 72 of the Code of Criminal Procedure, and do not lead to a conviction, the person bringing the private prosecution or the civil claimant is obliged to pay all costs caused by the bringing or continuation of the action. If the criminal proceedings end with a settlement (Diversion)(§§ 198 to 209 of the Code of Criminal Procedure), the civil claimant does not have to pay the costs.

Experts’ fees

In contentious civil proceedings (including commercial cases), expert’s fees are mutually offset or divided proportionally according to the extent of a party’s success or failure (§ 43(1) of the Code of Civil Procedure).

In contested divorce proceedings where the judgment makes no ruling on responsibility, out-of-pocket expenses must be mutually offset. If one party has paid more than half of the cash outlay, the other must refund the excess. But if one spouse is found to be at fault, that party must reimburse the other party’s expert’s fees.

In the following proceedings, any expert’s fees initially paid out of official funds must be reimbursed to the court by the parties who occasioned them or in whose interests the official action was taken: proceedings for divorce by mutual consent, custody and access proceedings, and proceedings concerning maintenance claims for children who are still minors. If several persons are obliged to reimburse the costs, they are jointly liable (§ 1(5) of the Court Payments Act (Gerichtliches Einbringungsgesetz – GEG) in conjunction with Section 2(1) of the same Act).

The amount of experts’ fees is governed by the Fees Entitlement Act. Each specific case depends essentially on the content and scope of the report requested by the court.

In criminal proceedings, experts’ fees form part of the court costs (§ 381(1) of the Code of Criminal Procedure) which according to § 389(1) of the Code of Criminal Procedure must be borne by the convicted person. Experts’ fees are determined by the court or the public prosecutor and are paid by the federal authorities.

Translators’ and interpreters' fees

The explanation given above also applies to translators’ and interpreters’ fees.

Related documents

Study on the transparency of costs: Country report: Austria (829 Kb)

Related links

§ 32 of the Court Fees Act

Introduction

What types of court fee are collected?

How much should I pay?

What happens if I fail to pay on time?

How to pay a court fee

What to do next

Introduction

Fees in civil proceedings are governed by the Court Costs (Civil Cases) Act of 28 July 2005 (consolidated text: Journal of Laws 2014, item 1025). As a rule, a fee is payable for any statement of claim lodged, including claims lodged as part of proceedings governed by Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure ( 'the EOP'). Polish law provides for the possibility of lodging a request for exemption from these costs in the aforementioned Act (Title IV – Exemption from court costs).

What types of court fee are collected?

The fee applicable in the case of the EOP is a proportional fee.

How much should I pay?

A proportional fee is collected for cases concerning property rights and amounts to 5% of the amount of the dispute (i.e. the amount specified in the statement of claim); however, it cannot be less than PLN 30 or more than PLN 100 000. In the case of a request for the EOP to be set aside, half of the fee is collected.

What happens if I fail to pay on time?

Pursuant to Article 126²(1) of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No 43, item 269, as amended), the court will not take any action in response to a procedural document for which the applicable fee has not been paid. In other words, the fee must be paid when a procedural document (statement of claim) is filed with the court of appropriate jurisdiction or an application for exemption from court costs must be filed.

The procedural consequences of failing to pay fees for a procedural document are specified, in Articles 130 and 130² of the Code of Civil Procedure amongst others.

Pursuant to Article 130 of the Code of Civil Procedure, if the procedural document (incl. the statement of claim) cannot be processed as a result of non-payment of the fee, the presiding judge calls on the party to make that payment within one week, failing which the procedural document is returned. If the procedural document has been lodged by a person living abroad who has no appointed representative in Poland, the presiding judge will specify a time limit for paying the fee, which may not be shorter than one month. If the fee is not paid within the specified time limit, the procedural document is returned to the party. If the fee is paid within the specified time limit, the procedural document produces legal effects from the date on which it was lodged.

Pursuant to Article 130² of the Code of Civil Procedure, a procedural document lodged by a lawyer or patent attorney which has not been paid for is returned without a call for payment if the fee is fixed or proportional to the amount of the dispute as specified by the party. However, if the fee for the procedural document is paid within one week of service of the decision to return the document, the document produces legal effects from the date on which it was lodged.

How to pay a court fee

The arrangements for paying court fees in civil cases are governed by the Ordinance of the Minister for Justice of 31 January 2006 setting out the arrangements for paying court fees in civil cases (Journal of Laws No 27, item 199), which is implementing legislation for the aforementioned Court Costs (Civil Cases) Act.

Court fees in civil cases can be paid in non-cash form into the current account of the court with jurisdiction (account details can be obtained directly from the court or its website or from the website of the Ministry of Justice), directly at the court cashier's office or in the form of court fee stamps which can be purchased at the court cashier's office.

What to do next?

Once the fees have been paid and any irregularities resolved, the court will issue an European order for payment.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

The European Order for Payment is regulated by Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.

As regards the system of court stamp fees, please note that it is regulated by Emergency Order No 80/2013, which has been in force since 26 June 2013. This legislative act was adopted following the amendment to the legal framework for the conduct of civil proceedings by adopting the Code of Civil Procedure and by enforcing the new institutions adopted by the Civil Code.

The court stamp fees are due by all the natural and legal persons and are paid in consideration of the services provided by courts as well as by the Ministry of Justice (Ministerul Justiției) and the Prosecutor’s Office attached to the High Court of Cassation and Justice (Parchetul de pe lângă Înalta Curte de Casație și Justiție).

Court stamp fees can be paid online in Romania, however this electronic payment system has not been operational to this date.

What fees are applicable?

Court stamp fees are due for both trial at first instance level and appeals under the law.

Natural persons may be entitled, upon request, to discounts on, exemptions from and instalment schemes for the payment of the court stamp fees under Government Emergency Order No 51/2008 on the legal public aid in civil matters, as approved as amended and supplemented by Law No 193/2008, as subsequently amended and supplemented. Legal persons may be granted facilities for the payment of the court stamp fees under Article 42(2) of Government Emergency Order No 80/2013.

How much shall I pay?

At the current stage of the law, the court stamp fee in order to make an application for a European Order of Payment is established under Article 3(1) of Government Emergency Order No 80/2013, as follows:

1. up to the value of RON 500 - 8%, but not less than RON 20;
2. between RON 501 and RON 5 000 - RON 40 + 7% for the values exceeding RON 500;
3. between RON 5 001 and RON 25 000 - RON 355 + 5% for the values exceeding RON 5 000;
4. between RON 25 001 and RON 50 000 - RON 1 355 + 3% for the values exceeding RON 25 000;
5. between RON 50 001 and RON 250 000 - RON 2 105 + 2% for the values exceeding RON 50 000;
6. over RON 250 000 - RON 6 105 + 1% for the values exceeding RON 250 000.

What happens if I do not pay the court fees on time?

In accordance with Government Emergency Order No 80/2013, the court stamp fee is payable in advance. If the claimant fails to meet its obligation to pay the fee by the deadline set under the law or by the court, the application will be annulled as unstamped or, where applicable, settled within the limits of the legally paid court stamp fee. Moreover, if the application for facilities for payment of the court stamp fee has been rejected, and the claimant has not paid the due court stamp fee within the deadline, as set by the court, and has not included any proof of payment in the file, the court annuls the application as not stamped.

How can I pay the court fees?

Court stamp fees are payable by the person who owes the fee in cash, by bank credit transfer or online to a distinct local budget revenues account, i.e. the “Court stamp fees and other stamp fees”, of the territorial administrative unit where the natural person has their domicile or residence or, where applicable, where the legal person has the registered office. The costs incurred with the transfer of the amounts due as court stamp fees are borne by the debtor.

If the person who is liable to pay the court stamp fee has neither the domicile, nor the residence, nor the registered office, where applicable, in Romania, the court stamp fee is payable to the local budget account of the territorial administrative unit covering the registered office of the court where the action is brought or the application is filed.

The court stamp fees are payable in cash at the fees and taxes directorates of the territorial administrative units where the natural person has the domicile or residence, or where the legal person has the registered office.

Moreover, the court stamp fees are payable by bank credit transfer and online.

No electronic system has been implemented in Romania so far for the payment of the court stamp fees although this method is regulated by the law.

What shall I do after the payment?

The receipt for the payment of the court stamp fees, which is issued for payments in cash, or the money order is submitted when the legal action is filed.

The receipts or, where applicable, the money orders for the court stamp fees have no standard format, being issued in the form accepted by the unit where the payment is made.

Where the court stamp fee is paid after the court has served the notification on the claimant in this respect, the latter must include in the file the proof for payment of the fee within ten days from service of the notification.

The proof for payment of the stamp fee may be submitted in person at the registered office of the court or, by mail, indicating the number of the file (case) for which the payment has been made, as the same case number is indicated on the notification served by the court on the party concerned.

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

The European Order for Payment is a simplified procedure for obtaining judgments on uncontested claims in cross-border civil and commercial cases. A cross border case is where at least one of the parties is domiciled or habitually resident in a Member State other than a Member State of the court where the action is brought.

What fees are applicable?

Payment of court fees is required in order to make an application for a European Order for Payment. If you wish to pay by debit/credit card the relevant card details should be provided in the Appendix to “Application for a European Order of Payment Form A”.

Should there be a need to enforce a claim a further court fee will be required. More details on the types of procedures available can be found on the enforcement pages for England and Wales.

How much shall I pay?

Court fees in England and Wales can be found in leaflet EX50 - Civil and Family Court Fees

The fee payable is based on the value of the claim.

For ease of reference, the fees in the table below are correct as of 17 November 2016. Court fees are subject to change, so you should always check with the court, legal representative and any other individuals or organizations who are involved that an amount is still the current fee. These fees are in pound sterling (GBP), to calculate the equivalent in Euros a conversion must be applied on the day you wish to make the application.

If you wish to enforce the claim a further fee is payable.

You have to pay a court fee to make an application to the court and pay further court fees at different stages of the court case. You may qualify for a “fee remission” (depending on your personal circumstances) which means that you may not have to pay a court fee or only have to pay part of it. However, you have to apply for a separate remission for each fee payable throughout the court process. So, for example, applying for a remission when the first application is made would only give you the remission for that first “issuing” fee. This is because your personal circumstances might change during the court action, and you might no longer be eligible for a remission later in the case. Or you might become eligible for a fee remission during the case.

What happens if I do not pay the court fees on time?

If the claimant fails to fill in the relevant credit card details correctly or the payment fails for some reason, the court dealing will send Form B “Request to the claimant to complete and/or rectify an application for a European Order for Payment” to the claimant requesting that details of a valid credit card be provided to enable payment of the court fees. The application will not be taken any further if correct payment is not received.

How can I pay the court fees?

Payment of the court fee is made by providing correct payment details to the court. Initially this should be done by providing relevant details in “Application for a European order for payment, Form A”.

Payment is usually made by debit/credit card. Not all methods of payment in Form A are likely to be available at the court to which the application is being made. The claimant should contact the court and verify which method of payment can be used.

It may also be possible to pay using a credit card over the telephone. Many courts have facilities for taking card payments in this manner, but the relevant court should be contacted first to confirm payment can be made in this way.

Electronic payment can only be brought against someone with a UK address.

What shall I do after the payment?

If the application has been made correctly, the court will issue the European Order for Payment (Form E) to the defendant. A notice of issue will be sent at the same time to the claimant, together with a receipt of the payment transaction

The receipt will typically be 8 x 12 cm and have the name of the court at the top with its postal address, and the amount paid with the date and time of payment at the bottom.

For more information please see European Union cross-border claims

There are no fees applicable at this time

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

In Scotland court fees for European Payment Orders are regulated by the:

• Sheriff Court Fees Order 2018, as amended by the Sheriff Court Fees Amendment Order 2018.

Schedule 2, Part II, paragraph 6 applies to European Payment Orders from 1 April 2019.

Schedule 3, Part II, paragraph 6 applies to European Payment Orders from 1 April 2020.

Electronic payment of fees is not possible.

What fees are applicable?

Lodging of a European Payment Order in Form A of the EU Regulation 1896/2006 at court requires payment of one fee which covers all court procedures.

Representation by a solicitor is not usually required and the court fee does not include any solicitors’ fees, or the cost of service of the papers on the defender.

There is no fee for lodging a statement of opposition in Form F.

How much shall I pay?

The fee for lodging of a European Payment Order at court is £129 sterling.

In terms of article 8 of the Sheriff Court Fees Order 2018, Scottish Statutory Instrument 2018/481 as amended, a party may be entitled to fee exemption, for example if they are entitled to certain state benefits, or entitled to civil legal aid.

What happens if I do not pay the court fees on time?

The court does not accept the application, and is not required to do anything without a fee being paid, in terms of paragraph 3 of the Sheriff Court Fees Order 2018, Scottish Statutory Instrument 2018/481, as amended.

How can I pay the court fees?

Court fees can be paid by:

• Cheques - made payable to "The Scottish Courts and Tribunals Service"
• Debit Card & Credit Card - please check which types of card are acceptable with the appropriate court and if payment can be made by telephone.
• Postal Order - made payable to "The Scottish Courts and Tribunals Service"
• Cash - if paying by post it is not advisable to make cash payments

What shall I do after the payment?

The court accepts the lodging of the application papers in Form A of the EU Regulation 1896/2006 with the payment. The papers and payment should be brought or sent to the court at the same time. The court will then give or send out Form B, C, D or E as the next step in the process. No payment evidence is required.