Costs

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations: Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access. Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs in Poland

Case n° 2 In B (where the country where the wife sues is Poland) the fees, expenses and conditions are the same as for case A.

Costs of court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

Fixed cost 40 PLN

For each page of copies, copies of judgements with enforcement, copies of judgements with legal force – 6 PLN. If those documents are in a foreign language or contain tables –12 PLN per page.

--

General rules apply – the fee is fixed at 40 PLN

--

--

Parties are free to opt for ADR.

If the court accepts the enforceability clause, 50 PLN



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

Minimum 120 PLN

No

--

--

No

According to the calculations of the expert



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes

Costs of transport, lost earnings, accommodation, according to Articles 85 to 88 of the Act on Judicial Costs in Civil Cases.

--

--

--

--



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is the percentage in general?

What costs are never reimbursed?

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

Case A

A party exempted from legal costs can apply for legal aid. The court decides if the participation of a professional attorney is needed

Depends on the court’s decision

If the costs are excessive or will cause financial hardship to the party

General rules apply, depending on the circumstances.

--

Balance of costs higher than what was essential and appropriate to the case

--



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

If documents are submitted to the court in another language

According to the Minister of Justice’s Regulations of 24 January 2005   

--

--

--

--


Last update: 06/11/2020

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Feedback

Use the form below to share your comments and feedback on our new website