This page provides you with information about the costs of justice in Slovakia. For a more in-depth analysis on the costs of proceedings, please consult the following case studies: Family law - Divorce Family law – custody of the children Family law – alimony Commercial law – contract Commercial law – responsibility
Section 1 (2) of Act No 586/2003 on the legal profession and amending Act No 455/1991 on licensed trades, as amended, reads as follows:
“The practice of the legal profession means representation of clients before courts, governmental authorities and other legal entities, defence in criminal proceedings, provision of legal advice, the writing of instruments of legal acts, legal analyses, administration of clients’ property and other forms of legal advice and assistance, if carried out continuously and in return for a fee (hereinafter referred to as ‘legal services’).”
Lawyers’ fees are governed by an implementing decree of the Ministry of Justice of the Slovak Republic (No 655/2004 on lawyers’ fees and compensation for the provision of legal services) – an English version is available on the website of the Slovak Bar Association.
A lawyer’s fee must be determined by agreement between the lawyer and his or her client (contract fee). The vast majority of all lawyers’ fees are agreed on a contractual basis, unless the law prescribes tariff fees. If the parties fail to reach agreement on the matter, the relevant provisions on tariff rates (the implementing decree on lawyers’ fees) are used to determine the amount. The tariff fee is determined by multiplying the basic rate by the number of acts or legal services that the lawyer has provided.
Bailiffs do not exist in the Slovak Republic. However, execution functions are performed by enforcement officers under Act No 233/1995 on court officers and distraint activities (the 'Execution Procedure Act').
Fixed costs for litigants in civil proceedings
All categories of fees are set out in the respective regulations, and are determined in various ways:
Court fees are governed by Act No 71/1992 on court fees and copies of entries in the criminal records, as amended (“Act on Court Fees”). The amount is fixed or given as a percentage, or a combination of the two (depending on the type of claim).
Enforcement officers’ fees are governed by Act No 233/1995 on court officers and distraint activities. The amount is determined as a tariff fee (a fixed amount or given as a percentage depending on the subject matter of execution) or a contract fee.
Lawyers’ fees are governed by Implementing Decree No 655/2004 on lawyers’ fees and compensation for the provision of legal services. The amount is determined as a tariff fee (a fixed fee for each legal service provided, depending on the value of the claim or its subject matter) or a contract fee.
Experts’ fees are governed by Implementing Decree No 491/2004 on fees and compensation of costs and lost time for experts, interpreters and translators. The amount is determined as a tariff fee (a fixed fee for each service, an hourly rate, or a percentage depending on the subject matter of the expert’s services) or a contract fee.
Witness compensation is governed by Act No 99/1963 Code of Civil Procedure and subsequently by Implementing Decree No 543/2005 on the administration and office rules of district courts, regional courts, the Special Court and military courts, Act No 311/2001 Labour Code, Act No 595/2003 on income tax and Act No 663/2007 on the minimum wage. The court decides on the refund of the necessary out-of-pocket expenses incurred and compensation for lost earnings (in line with the rules set out in the implementing decree on administration and office rules).
Translation/interpreting fees are governed by Implementing Decree No 491/2004 on fees and compensation of costs and lost time for experts, interpreters and translators. The amount is determined as a tariff fee (a fixed fee for each hour/page in the respective language or for the service provided by the translator/interpreter) or a contract fee.
Therefore, in the majority of potential civil proceedings, it is virtually impossible for anyone who is not a lawyer to determine the anticipated overall actual costs without professional advice.
However, a professional (especially a lawyer) can advise a client much more precisely as to the various costs to expect throughout the proceedings, based on the circumstances of the case. Where it is difficult to anticipate the outcome, the lawyer can also advise the client on anticipated costs associated with various possible outcomes, which will ultimately depend on the court’s consideration and discretion.
The various types of costs that may be incurred in civil proceedings are governed by specific regulations/laws. These contain different ways of calculating fees, which may be divided into two main categories: tariff fees and contract fees.
Stage of the civil proceeding where fixed costs for litigants must be paid
Under Act No 71/1992 on court fees and copies of entries in the criminal records, as amended, only the court fee must be paid before the hearing begins.
Under Act No 99/1963 (Code of Civil Procedure), in addition to court fees the costs of proceedings mainly include the out-of-pocket expenses of the litigants and their counsels. These include:
These costs are usually paid after the court judgment has been rendered.
Furthermore, the costs of civil proceedings depend to a great extent on the case being heard and discretion of the court (mainly regarding the choice of evidence and which costs are to be refunded to the court or the other party). Therefore, it is difficult to foresee the actual costs before the proceedings.
Fixed costs for parties in criminal proceedings
The court has the discretion to decide on costs in criminal proceedings once the final decision is rendered.
Stage of the criminal proceeding where fixed costs must be paid
Any costs incurred in criminal proceedings are paid after the judgment becomes final, since part of this judgment is the decision on the reimbursement of costs of proceedings (Act No 301/2005 Code of Criminal Procedure).
Fixed costs for parties in constitutional proceedings
In matters of representation before the Slovak Constitutional Court which cannot be expressed in money terms, the basic rate of the tariff fee for each individual legal service must be one sixth of the calculation base (Section 11 of Implementing Decree No 655/2004 on lawyers’ fees and compensation for the provision of legal services).
Stage of the constitutional proceeding where fixed costs must be paid
A situation similar to that in civil and criminal proceedings applies in constitutional proceedings. Act No 99/1963 (Code of Civil Procedure) applies.
Section 18 of Act No 586/2003 on the legal profession and amending Act No 455/1991 on licensed trades, as amended, lays down the following:
The above laws on costs are published in the Collection of Legislative Acts in Slovak (under Section 8 of the National Council of the Slovak Republic Act No 1/1993).
Mediation is governed by Act No 420/2004 on mediation.
Information about costs is available at the IGNUM website, which contains legislation of general application, as well as current and former Slovak rules and regulation. The website is hosted by the Ministry of Justice of the Slovak Republic.
You can find this information in the statistical yearbook of the Ministry of Justice of the Slovak Republic.
Information on average costs and fees is difficult to determine due to the following:
If the enforcement officer is registered as a VAT payer, VAT will be added to his or her calculated income and costs (under Section 196 of Act No 233/1995 on court officers and distraint activities).
If the lawyer is registered as a VAT payer his or her income and costs calculated under this provision will include VAT (Section 18 (3) of the Ministry of Justice Implementing Decree of No 655/2004 on lawyers’ fees and compensation for the provision of legal services).
If the expert, interpreter or translator is registered as a VAT payer the fees calculated will be inclusive of VAT (Section 16 (2) of the Ministry of Justice Implementing Decree No 491/2004 on fees and compensation of costs and lost time for experts, interpreters and translators).
VAT is not applicable to court fees (Act No 71/1992 on court fees and copies of entries in the criminal records, as amended). However, it applies to mediation fees, since the performance of the mediating activity is a business activity, and to arbitration fees at the 20% rate, providing that the person collecting the fee is registered as a VAT payer.
This threshold is governed by Section 4(i) of Act No 327/2005 on the provision of legal aid to people in material need and amending Act No 586/2003 on the legal profession and amending Act No 455/1991 on licensed trades (the Trading Act), as amended, as amended by Act No 8/2005.
The relevant part reads: “A natural person is deemed to be in material need if he or she is in receipt of allowances or benefits in material need, 1e) or if his or her income is equal to or lower than 1.6 times the amount of the subsistence minimum 2) and if the natural person does not have the means allowing him or her to pay for legal services”. (EUR 311.30)
The income threshold for defendants wishing to be assisted by an ex officio counsel in the area of criminal justice is not laid down. The Code of Criminal Procedure (Sections 37 and 38) provides for the circumstances in which defence is mandatory:
Section 38 of the Code of Criminal Procedure provides that:
Under Section 558 (1) of the Code of Criminal Procedure, the court decides on the compensation of costs for the injured party after the judgment becomes final.
All conditions are set out in Act No 301/2005 Code of Criminal Procedure.
There are two types of exemption from court fees (Section 4 of the Slovak National Council Act No 71/1992 on court fees and copies of entries in the criminal records, as amended). Exemption from court fees applies to the following:
Under Section 138 of the Code of Civil Procedure, the court also has discretion to award full or partial exemption from court fees to a party if this is justified by the situation of the party, and provided the claim is not frivolous and provided the party is not exercising or defending a right clearly without hope of success. However, the court may withdraw the awarded exemption at any time during the proceedings.
Under Act No 327/2005 on the provision of legal aid for people in material need (or the law on legal aid), legal aid means the provision of legal services to a person entitled to aid under this Act when asserting his/her rights, mainly in the form of:
Nevertheless, where the person concerned meets the requirements for the provision of legal aid, he or she is likely also to be exempt from payment of the costs of proceedings (including the court fees). There is no express provision laying down whether a person entitled to legal aid is also exempt from court fees. However, it is very likely that the court would grant such an exemption.
A person may apply to the competent court for a full or partial exemption from court fees. The court may, on its own motion, award the (fully) successful party the costs necessarily incurred in the proceedings (including court fees). In the case of partial success, the court will award a portion of the costs of proceedings to each of the parties, and also may rule that none of the parties has the right to compensation for the costs of proceedings. However, the court may award the partially successful party full compensation for the costs of proceedings if the decision on the amount of the payments imposed to be made by such party depended on an expert opinion or the court’s discretion, or if the lack of success is related to a relatively negligible part of the proceedings.
If at least a part of the costs of proceedings was awarded to the victim, the convicted person is obliged to reimburse the victim for the costs necessarily incurred in the proceedings, including the costs of representation when defence is mandatory.
Even if the victim has not been awarded costs as above, the court may award the costs of proceedings in full or in part to the victim on the basis at the victim’s instigation and taking into account the circumstances of the case.
The Ministry of Justice Implementing Decree No 491/2004 on fees and compensation of costs and lost time for experts, interpreters and translators lays down the amounts of expert fees. The list of experts, managed by the Ministry of Justice of the Slovak Republic, is accessible to the public on its website. An expert is added to the list when the applicant has met all requirements (under the implementing decree on fees for experts, interpreters and translators).
The expert’s fee must be determined by agreement between the expert and the client (contract fee). If the parties fail to reach agreement, the relevant provisions on tariff rates must be used to determine the fee.
It is noted that VAT applies only to the contract fee, provided that the translator/interpreter is registered as a VAT payer.
The tariff fees are determined on the basis of:
More specific information on the costs of proceedings in Slovakia is available in some specific case studies.
The Slovak report on the Study on Transparency of Costs (872 Kb)
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.
In this case study on family law – divorce, Member States were asked to advise the party that files for divorce on litigation costs in order to consider the following situations:
Case A – National situation: a couple gets married. Later they separate and agree to a divorce.
Case B – Transnational situation: Two nationals from a same Member State (Member State A) get married. The marriage is celebrated in Member State A. After the wedding, the couple moves to live and work in another Member State (Member State B) where they establish their residence. Shortly thereafter the couple separates with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Upon her return to Member State A, the wife immediately files for a divorce before the courts of Member State B.
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 | EUR66 | EUR0 | EUR33 (eventual motion related to injunction) | EUR66 | EUR0 | EUR33 (eventual motion related to injunction) | No | Average EUR150 |
Case B | EUR66 | EUR0 | EUR33 (eventual motion related to injunction) | EUR66 | EUR0 | EUR33 (eventual motion related to injunction) | No | Average EUR200 |
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 | Not compulsory but usual | Depends on various factors | No | EUR0 | EUR0 | No | Depends on various factors |
Case B | Not compulsory but usual | Depends on various factors | No | EUR0 | EUR0 | No | Depends on various factors |
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 | Depends on various factors. On average EUR50 | No | EUR0 | EUR0 | |
Case B | Yes | Depends on various factors. On average EUR200 | No | EUR0 | EUR0 |
Case study | Legal Aid | |
When and under what conditions is it applicable? | When is support total? | |
Case A | Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined. | The successful applicant receives a complete package of representation and related services free. |
Case B | Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined. | The successful applicant receives a complete package of representation and related services free. |
Case study | Reimbursement | |||
Can the winning party obtain reimbursement of litigation costs? | If reimbursement is not total what is percentage in general? | What costs are never reimbursed? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | As a general rule, no. However, the court may award a party a refund of the litigation costs of divorce, or a portion depending on the circumstances of the case and the parties. | 50% | All costs incurred by one party are eventually reimbursable by the losing party, except the portion of experts’, lawyers’, translators’ and interpreters’ contractual (real) fees that exceed the legal tariff (abstract fees). | In principle, no. However, if conditions are met for a refund of incurred costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid, if the amount is larger than the costs of the provided legal aid. |
Case B | As a general rule, no. However, the court may award a party a refund of the litigation costs of divorce, or a portion of this, depending on the circumstances of the case and the parties. | 50% | All costs incurred by one party are eventually reimbursable by the losing party, except the portion of experts’, lawyers’, translators’ and interpreters’ contractual (real) fees that exceed the legal tariff (abstract fees). | Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, or (3) unless the costs spent so far for legal aid granted are or will be compensated to the designated advocate or the Centre of Legal Aid as a refund of the costs of proceedings. If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is greater than the costs of the legal aid provided) |
Case study | Translation | |
When and under what conditions is it necessary? | Approximate cost? | |
Case A | For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties. And eventually also for translation of other documents (for example, judgements) into the language the parties understand. | Depends on various factors. An average of EUR100. Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees. |
Case B | For the translation of evidence or other documents. The court also appoints a translator for: (1) documents addressed to a foreign judicial authority; (2) motion for recognition and enforcement of judgement (including annexes) rendered by a Slovak court abroad; (3) at the request of a foreign judicial authority; (4) other judicial documents – unless provided otherwise by European legislation or international convention. | Translation costs incurred in relation to exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees. On average, EUR300 |
Case study | Interpretation | Other costs specific to cross-border disputes? | ||
When and under what conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | On average EUR100. Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees. | ||
Case B | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees. On average EUR300 | Probably higher out-of-pocket expenses and loss of earnings However, the parties to divorce proceedings are not authorised to reimbursement/ refund of proceedings costs (subject to exceptions). | Average EUR500 |
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.
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.
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 | EUR0 (exempt from court fees) | EUR0 | EUR0 (exempt from court fees) | EUR0 | no | EUR0 | ||
Case B | EUR0 (exempt from court fees) | EUR0 | EUR0 (exempt from court fees) | EUR0 | no | EUR0 |
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 | not compulsory but usual | Depends on various factors | no | EUR0 | EUR0 | no | On average EUR150 |
Case B | not compulsory but usual | Depends on various circumstances | no | EUR0 | EUR0 | no | On average EUR200 |
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 | On average EUR50 | no | EUR0 (exempt from court fees) | | EUR0 (exempt from court fees) |
Case B | yes | On average EUR150 | no | EUR0 (exempt from court fees) | | EUR0 (exempt from court fees) |
Case study | Legal Aid | |
When and under which conditions is it applicable? | When is support total? | |
Case A | Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined. | The successful applicant receives a complete package of representation and related services free. |
Case B | The applicant submits his/her application for legal aid to the Centre for Legal Aid and if: (1) the applicant is domiciled or habitually resident in a Member State different from Slovak Republic; (2) the applicant proves that he/she would meet the condition of material need to be granted legal aid in Slovak Republic; that he/she meets the conditions required for the provision of legal aid in the Member State of his or her domicile or habitual residence; (4) the case is not clearly unsuccessful (5) the litigation amount exceeds the amount of the minimum wage – except for disputes in which the litigation amount cannot be determined. | The successful applicant receives a complete package of representation and related services free. |
Case study | Reimbursement | |
Can the winning party obtain reimbursement of litigation costs? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio. | In principle, no. However, if conditions are met for a refund of incurred costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is greater than the costs of the provided legal aid. |
Case B | No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio. | Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, or (3) unless the costs spent so far for granted legal aid are or will be compensated to the designated advocate or the Centre of Legal Aid as a refund of the proceedings costs. If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is larger than the costs of the legal aid provided)
|
Case study | Translation | |
When and under what conditions is it necessary? | Approximate cost? | |
Case A | For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties. And eventually also for translation of other documents (for example, judgements) into the language the parties understand. | Depends on various factors. An average of EUR100. Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees. |
Case B | For the translation of evidence or other documents. The court also appoints a translator for: (1) documents addressed to a foreign judicial authority; (2) motion for recognition and enforcement of judgement (including annexes) rendered by a Slovak court abroad; (3) at the request of foreign judicial authority (4) other judicial documents – unless provided otherwise by European legislation or international convention | Translation costs incurred in relation to exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees. On average EUR300 |
Case study | Interpretation | Other costs specific to cross-border disputes? | ||
When and under what conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | On average EUR100. Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees | ||
Case B | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees. On average EUR 400 euros | Probably higher out-of-pocket expenses and loss of earnings However, the parties to divorce proceedings are not authorised to reimbursement/ refund of proceedings costs (subject to exceptions). | Average EUR500 |
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.
In this case study on family law – alimony, 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. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.
Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.
An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.
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 | EUR0 (exempt from court fees) | EUR0 | EUR0 (exempt from court fees) | EUR0 | no | EUR0 | ||
Case B | EUR0 (exempt from court fees) | EUR0 | EUR0 (exempt from court fees) | EUR0 | no | EUR0 |
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 | not compulsory but usual | EUR300 | no | EUR0 | EUR200 | no | on average EUR150 |
Case B | not compulsory but usual | EUR800 | no | EUR0 | EUR200 | no | on average EUR250 |
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 | EUR50 | no | EUR0 | | EUR0 |
Case B | yes | EUR200 | no | EUR0 | | EUR0 |
Case study | Legal Aid | |
When and under which conditions is it applicable? | When is support total? | |
Case A | Application submitted to Centre for Legal Aid. Provided where: (1) applicant is in material need; (2) case is not clearly unsuccessful, (3) litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined. | The successful applicant receives a complete package of representation and related services free. |
Case B | Application submitted to Centre for Legal Aid. Provided where: (1) applicant is in material need; (2) case is not clearly unsuccessful; (3) litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined. | The successful applicant receives a complete package of representation and related services free. |
Case Study | Reimbursement | |
Can the winning party obtain reimbursement of litigation costs? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio. | No |
Case B | No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio. | Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is larger than the costs of the legal aid provided) |
Case study | Translation | |
When and under what conditions is it necessary? | Approximate cost? | |
Case A | For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties. And eventually also for translation of other documents (for example, judgements) into the language the parties understand. | Depends on various factors. An average of EUR100. Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees. |
Case B | For the translation of documentary evidence or other documents. The court also appoints a translator for the purposes of: (1) translation at request of the Slovak court, including attached documents, addressed to a foreign judicial authority (2) a motion for recognition and enforcement of judgement (including annexes) rendered by Slovak court, abroad; (3) request of foreign judicial authority (4) other judicial documents, unless provided otherwise by European legislation or international convention. | Translation costs incurred in relation to exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees. On average EUR150 |
Case study | Interpretation | Other costs specific to cross-border disputes? | ||
When and under what conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees | ||
Case B | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees. | Probably higher out-of-pocket expenses and lost earnings of the parties. | EUR500 |
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.
In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations:
Case A – National situation: A company delivered goods worth EUR20.000. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.
The seller decides to sue to obtain the full payment of the price.
Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth EUR20.000 to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.
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 | EUR1200 (i.e. 6 % of EUR20,000) | EUR0 | EUR33, (related to eventual injunction) | EUR1200 (i.e. 6 % of EUR20,000) | EUR0 | EUR33 (related to eventual injunction) | yes | On average EUR400 |
Case B | EUR1200 (i.e. 6 % of EUR20,000) | EUR0 | EUR33 (related to eventual injunction) | EUR1200 (i.e. 6 % of EUR20,000) | EUR0 | EUR33 (related to eventual injunction) | yes | On average EUR800 |
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 | Not compulsory but usual | Depends on various factors | no | EUR0 | EUR4000 (i.e. 20% of EUR20,000 – if the EUR20000 was extortionate), supposing the court orders the buyer/defendant to pay EUR20,000 to the seller in a judgement that is final and binding. This fee must be paid by the defendant in addition to the claim. | no | On average EUR250 |
Case B | Not compulsory but usual | Depends on various factors | no | EUR0 | EUR4000 (i.e. 20% of EUR20,000 – if the EUR20000 was extortionate), supposing the court orders the buyer/defendant to pay EUR20,000 to the seller in a judgement that is final and binding. This fee must be paid by the defendant in addition to the claim. | no | On average EUR500 |
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 | EUR50 | no | EUR0 | | EUR0 |
Case B | yes | EUR500 | no | EUR0 | EUR0 |
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 percentage in general? | What costs are never reimbursed? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | Not available (the plaintiff/seller is a legal person) | Yes | 50% In case of partial success. The court may apportion the costs between the parties, declaring that none has the right to restitution. However, the court may award the partially successful party full restitution, depending on the opinion of the expert or the discretion of the court, or if the unsuccessful portion of the claim is relatively negligible. The court decides on the restitution/refund of the incurred proceedings´ costs upon a motion, either as a part of the final decision or by separate decision. | All costs effectively incurred by one party are eventually reimbursable by the other party – except experts’, lawyers’, translators’ and interpreters’ contractual (real) fees in an amount exceeding tariff fees, according to respective regulations (abstract fees). | |||
Case B | Not available (the plaintiff/seller is a legal person) | Yes | 50% In case of partial success. The court may apportion the costs between the parties, declaring that none has the right to restitution. However, the court may award the partially successful party full restitution, depending on the opinion of the expert or the discretion of the court, or if the unsuccessful portion of the claim is relatively negligible. The court decides on the restitution/refund of the incurred proceedings´ costs upon a motion, either as a part of the final decision or by separate decision. | All costs effectively incurred by one party are eventually reimbursable by the other party – except experts’, lawyers’, translators’ and interpreters’ contractual (real) fees in an amount exceeding tariff fees, according to respective regulations (abstract fees). |
Case study | Translation | |
When and under what conditions is it necessary? | Approximate cost? | |
Case A | For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties. And eventually also for translation of other documents (for example, judgements) into the language the parties understand. | Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees. |
Case B | For the translation of documentary evidence or other documents. The court also appoints a translator for the purposes of translation of request of the Slovak court, including the attached documents, addressed to foreign judicial authority, motion for recognition and enforcement of judgement (including annexes) rendered by Slovak court, abroad, request of foreign judicial authority as well as other judicial documents, unless provided otherwise by European legislation or international convention. | Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees. On average EUR150 |
Case study | Interpretation | |
When and under what conditions is it necessary? | Approximate cost? | |
Case A | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid proceedings costs reimbursed by the parties, pursuant to outcome of the case, unless the parties meet the requirements for exemption from the court fees. |
Case B | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid proceedings costs reimbursed by the parties, pursuant to outcome of the case, unless the parties meet the requirements for exemption form the court fees. |
Case study | Other costs specific to cross-border disputes? | |
Description | Approximate cost? | |
Case B | Probably higher out-of- pocket expenses and lost earnings of the parties. | On average EUR500 |
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.
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.
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 | 6 % of the value of the litigation amount; (EUR3000 (in case of value of the claim EUR50,000) | EUR0 | EUR33, (related to eventual injunction) | 6 % of the value of the litigation amount; EUR3000 (in case of value of the claim EUR50,000) | EUR0 | EUR33 (related to eventual injunction) | no | EUR 0 |
Case B | 6 % of the value of the litigation amount; EUR3000 (in case of value of the claim EUR50,000) | EUR0 | EUR33, (related to eventual injunction) | 6 % of the value of the litigation amount; EUR3000 (in case of value of the claim EUR50,000) | EUR0 | EUR33 (related to eventual injunction) | no | EUR 0 |
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 | not compulsory but usual | On average EUR800 | no | EUR0 | EUR10,000 (i.e. 20 % of EUR50,000 if the debt was extortionate), supposing the court orders the defendant to pay EUR50,000 to the customer in a final and binding judgement. This fee must be paid by the defendant over and above the claim. | no | On average EUR300 |
Case B | not compulsory but usual | On average EUR1200 | no | EUR0 | EUR10,000 (i.e. 20 % of EUR50,000 if the debt was extortionate), supposing the court orders the defendant to pay EUR20,000 to the customer in a final and binding judgement. This fee must be paid by the defendant over and above the claim. | no | On average EUR300 |
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 | On average EUR50 | no | EUR0 | | EUR0 |
Case B | yes | On average EUR150 | no | EUR0 | | EUR0 |
Case study | Legal Aid | |
When and under which conditions is it applicable? | When is support total? | |
Case A | Not available (the relationship is governed by commercial law) | |
Case B | The applicant submits his/her application for legal aid to the Centre for Legal Aid provided: (1) he/she is domiciled or habitually resident in a member state different from Slovak Republic; (2) he/she proves that he/she meets the condition of material need to be granted legal aid in Slovak Republic (3) or that he/she meets the conditions required for the provision of legal aid in the member state of his or her domicile or habitual residence (4) the case is not clearly unsuccessful and (5) the litigation amount exceeds the amount of the minimum wage (except for disputes in which the litigation amount cannot be determined). Please note that legal aid is not be provided if the consumer is not a physical person. | The entitled person receives a complete package of representation and related services free. |
Case study | Reimbursement | |||
Can the winning party obtain reimbursement of litigation costs? | If reimbursement is not total what is percentage in general? | What costs are never reimbursed? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | Yes | 50% In case of partial success. The court may apportion the costs between the parties, declaring that none has the right to restitution. However, the court may award the partially successful party full restitution, depending on the opinion of the expert or the discretion of the court, or if the unsuccessful portion of the claim is relatively negligible. The court decides on the restitution/refund of the incurred proceedings´ costs upon a motion, either as a part of the final decision or by separate decision. | All costs effectively incurred by one party are eventually reimbursable by the other party – except experts’, lawyers’, translators’ and interpreters’ contractual (real) fees in an amount exceeding tariff fees according to respective regulations (abstract fees). | |
Case B | Yes | 50% In case of partial success. The court may apportion the costs between the parties, declaring that none has the right to restitution. However, the court may award the partially successful party full restitution, depending on the opinion of the expert or the discretion of the court, or if the unsuccessful portion of the claim is relatively negligible. The court decides on the restitution/refund of the incurred proceedings´ costs upon a motion, either as a part of the final decision or by separate decision. | All costs effectively incurred by one party are eventually reimbursable by the other party – except experts’, lawyers’, translators’ and interpreters’ contractual (real) fees in an amount exceeding tariff fees according to respective regulations (abstract fees). | Yes. A foreign entitled person shall refund to the Centre of Legal Aid the costs spent so far for granted legal aid in whole or in part, based on the decision of the Centre of Legal Aid, if: his/her income and property conditions at the time of filing an application did not establish the right to legal aid, due to untrue or incomplete data provided by this person, or his/her income and property conditions has substantially changed, mainly due to success in this cross-border dispute, unless the costs spent so far for granted legal aid are or will be compensated to the designated advocate or the Centre of Legal Aid by the refund of the proceedings costs. (In case the foreign entitled person meets the conditions for refund of incurred proceedings costs, this refund will be awarded to the advocate who pays it to the Centre for Legal Aid if its amount was larger than the costs of the provided legal aid.) |
Case study | Translation | |
When and under what conditions is it necessary? | Approximate cost? | |
Case A | For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties. And eventually also for translation of other documents (for example, judgements) into the language the parties understand. | Translation costs incurred in relation to exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid proceedings costs reimbursed by the parties, pursuant to outcome of the case, unless the parties meet the requirements for exemption from the court fees. On average EUR50 |
Case B | For the translation of documentary evidence or other documents. The court also appoints a translator for the purposes of translation by request of the Slovak court, including: (1) attached documents (2) documents addressed to foreign judicial authorities (3) motion for recognition and enforcement of judgement (including annexes) rendered by Slovak court abroad (4) request by foreign judicial authority (5) other judicial documents – unless provided otherwise by European legislation or international convention. | Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees. On average EUR300 |
Case study | Interpretation | Other costs specific to cross-border disputes? | |||
When and under what conditions is it necessary? | Approximate cost? | Description | Approximate cost? | ||
Case A | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid proceedings costs reimbursed by the parties, pursuant to outcome of the case, unless the parties meet the requirements for exemption form the court fees. | |||
Case B | If a person before the court speaks a language other than the Slovak language. Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner. The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand. | Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid proceedings costs reimbursed by the parties, pursuant to outcome of the case, unless the parties meet the requirements for exemption form the court fees. | Probably higher out of pocket expenses and lost earnings of the parties. | In average EUR 500 | |
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.