Costs

Lithuania

In this case study on commercial law – responsibility, Member States were asked to advise the customer on litigation costs in order to consider the following situations: Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer. The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies. Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer. The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.

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Lithuania

Costs in Lithuania

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Case A

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case:

1) inspection of a location;

2) defendant search;

3) delivering the court documents;

4) satisfying the court judgment; 5) reimbursement for expenses of the curator’s work; 6) other necessary and reasonable expenses

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case:

1) inspection of a location;

2) defendant search;

3) delivering the court documents;

4) satisfying the court judgment; 5) reimbursement for expenses of the curator’s work; 6) other necessary and reasonable expenses



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Is representation compulsory?

Average costs

Case A

Lawyer representation is not compulsory.

See section on Legal Profession Fee Regulation above

Case B



Case Study

Bailiff

Expert

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

No

No. Bailiffs play their role only after the issue of enforcement orders.

Enforcement costs: 1) 600 Litas if size of debt is from 50, 000 Lt (~€15,000) to 100,000 Lt (~€29,000)  and 6%, but not less than 4000 Lt, of the executed debt amount as bailiff’s salary, and other enforcement costs, depending on the kind and quantity of execution actions.

2) Bailiff’s salary depends on size of debt.

The court may appoint an expert or expertise for issues that require special knowledge in science, medicine, arts, engineering or craft, subject to the opinion of participants in the proceeding.

An advance surety in an amount established by the court must be paid by the requesting party. The government or an authorised institution establishes the maximum expenses. The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

No

No

Same as in a Case A



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

See section on Experts’ Fees above.

See section on Experts’ Fees above.

The court must take into account the material situation of the paying party The amount depends on the nature of the procedural action and may not exceed 100,000 Litas



Case

Study

Other fees

Description

Cost

Case A

Other expenses include: 1) the inspection of a location; 2) defendant searches; 3) delivering court documents; 4) satisfying the court judgment; 5) reimbursement for curator’s work; 6) others as necessary and reasonable

See section on Experts’ above. Expenses for a defendant search must be paid by the party that requested a search or the court.

See section on Bailliff’s Fees

A tutor has the right to receive remuneration for representation in line with tariffs and procedure set by government or its authorised institution. Representation costs are borne by the party on which initiative a tutor is appointed, who must pay his or her representation costs in advance

Case B



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Conditions?

Case A

Primary legal aid can be claimed as described in the section on Legal Aid above.

Secondary legal aid is eligible under the conditions set out in the section on Legal Aid above.

The state guarantees 100% percent of the costs of primary legal aid.

The costs of secondary legal aid take account of a person’s property and income (see section on Legal Aid above)

Persons wishing to receive primary legal aid may apply to the executive institution of a municipality, according to declared place of residence.

Persons wishing to receive secondary legal aid must apply with documents substantiating the request and attesting to eligibility for secondary legal aid

Case B

Same as in a Case A

Same as in a Case A

Same as in a Case A




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organization?

Case A

The winning party can obtain reimbursement of litigation costs from the losing party.

The costs of state-guaranteed legal aid do shall not cover the costs that the court awards to the losing party nor the costs incurred by in the execution process.

Where the provision of secondary legal aid is terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of article 23 of the law. Costs can be recovered from the person to whom it was provided in accordance with procedure laid down by the law.

Where insurance benefits are paid after the costs, the costs of secondary legal aid must be refunded to the state budget within one month of the payment of the insurance benefit in line with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they shall be recovered in accordance with legal procedure.

Where secondary legal aid has been provided (subparagraph 6 of article 12 of the law) but where the circumstances change (subparagraph 1 of paragraph 2 of article 11) such a person must refund the costs of the secondary legal provided to the state budget within the time limit laid down by the service. If they fail to do so, the costs will be recovered in accordance with the required legal procedure

Where 50 per cent of the costs of secondary legal aid are covered, and an applicant fails to fulfil the duty to pay 50 percent of the costs of civil or administrative the proceedings within the time limits required, the case may be terminated without the court taking a decision on the merits of the matter, and the applicant must refund the costs of secondary legal aid provided to the state budget within the time limits laid down by the service.

Where the costs of secondary legal aid must be recovered, the state must be represented by the service.

Case B

Same as in a Case A

Same as in a Case A



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

All the court documents and their annexures must be submitted to the court in the state language.

A party, whose court documents must be translated into a foreign language, must pay in advance a surety set by the court to cover litigation expenses. If both parties submit petitions, both parties will pay the surety in equal parts.

People who do not speak the official language, are guaranteed the right to interpretation/translation services during the proceedings.

The court must pay the amounts due to interpreters/translators from the state budget funds.

Case B

As per national situation

As per national situation

As per national situation

As per national situation


Last update: 07/04/2023

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