Litigation costs in civil and commercial matters are governed by national legislation and costs are not harmonised at EU level. Thus, costs vary from one Member State to another.

To obtain detailed information on costs of proceedings in the Member States, as well as on several case studies carried out on behalf of the European Commission, please select one of the flags listed on the right hand side.

If you do not have sufficient financial resources to meet the costs of a court case you can apply for legal aid.

Additional information can be obtained from the attached study (available in English and French only) undertaken to identify the sources of costs of civil judicial proceedings in each Member State by:

• defining the proportion of each identified source of cost on the overall cost of civil judicial proceedings,
• comparing the costs incurred by litigants in different Member States,
• identifying variations in sources of costs and costs amounts,
• identifying how transparency of the costs of judicial proceedings and the limitation of differences in sources of costs and costs amounts can foster greater access to justice,
• making recommendations for possible actions at the EU level, possibly through the establishment of minimum standards, to facilitate access to justice by improving the transparency of costs of civil justice,
• generally, identifying links, where appropriate and relevant, between costs of justice and access to justice for the citizens, and
• identifying specific issues pertaining to cross-border disputes.

The study provides a snapshot of the situation in the European Union at a precise moment in time - December 2007.

Related Attachments

Study on the Transparency of Costs of Civil Judicial Proceedings in the EU  (2615 Kb)  – English version

Study on the Transparency of Costs of Civil Judicial Proceedings in the EU  (2665 Kb)  – French version

Annex 1: Results of the public questionnaire  (1700 Kb) 

National report - Belgium  (829 Kb) 

National report - Bulgaria  (566 Kb) 

National report - Czech Republic  (703 Kb) 

National report - Denmark  (560 Kb) 

National report - Germany  (565 Kb) 

National report - Estonia  (872 Kb) 

National report - Ireland  (400 Kb) 

National report - Greece  (849 Kb) 

National report - Spain  (640 Kb) 

National report - France  (1312 Kb) 

National report - Italy  (772 Kb) 

National report - Cyprus  (555 Kb) 

National report - Latvia  (742 Kb) 

National report - Lithuania  (950 Kb) 

National report - Luxembourg  (551 Kb) 

National report - Hungary  (533 Kb) 

National report - Malta  (742 Kb) 

National report - Netherlands  (702 Kb) 

National report - Austria  (829 Kb) 

National report - Poland  (396 Kb) 

National report - Portugal  (781 Kb) 

National report - Romania  (544 Kb) 

National report - Slovenia  (723 Kb) 

National report - Slovakia  (872 Kb) 

National report - Finland  (504 Kb) 

National report - Sweden  (457 Kb) 

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.
Please note that the following languages have already been translated.

Costs of proceedings - Belgium

This page provides information about costs of legal proceedings in Belgium. For a more in-depth analysis on the costs of proceedings, please consult the following case studies:

Family law - Divorce

Family law - Custody of children

Family law - Alimony

Commercial law - Contract

Commercial law - Liability

Provisions relating to fees of legal professions

Bailiffs

Civil matters

The fees of bailiffs in civil and commercial proceedings are regulated by a Royal Decree of 30 November 1976. The tariffs for 2009 were published in the Belgian Official Gazette of 31 December 2008.

The texts and tariffs may be consulted on the Internet site of the National Chamber of Bailiffs of Belgium (heading ‘Tarifs et taux d’intérêt’ (Tariffs and interest rates) then ‘Toutes affaires’ (All cases)) or on that of the portal of the Judiciary of Belgium (heading ‘Législation’ (Legislation)).

Criminal matters

The fees of bailiffs in criminal proceedings are regulated by a Royal Decree of 28 December 1950 and by a ministerial circular of 22 January 2009. The tariffs for 2009 were published in the Belgian Official Gazette of 12 January 2009.

The texts and tariffs may be consulted on the Internet site of the National Chamber of Bailiffs of Belgium (heading ‘Tarifs et taux d’intérêt’ (Tariffs and interest rates), then ‘Affaires pénales’ (Criminal cases)) or on that of the portal of the Judiciary of Belgium (heading ‘Législation’ (Legislation)).

Lawyers

Lawyers’ fees are not regulated. Lawyers set them freely and they may be negotiated between client and lawyer, but lawyers must still set them within suitably restrained limits. The lawyers’ association may check that lawyers do not exceed these limits.

Several calculation methods are possible: hourly remuneration, remuneration for each service provided, remuneration according to the value of the case (percentage of the amount involved in the proceedings), etc. A fees pact solely linked to the outcome of the action is prohibited by Article 446b of the Belgian Judicial Code. Lawyers must inform their clients in advance of their fee calculation method. Lawyers’ fees are not subject to VAT in Belgium.

Fixed costs in legal proceedings

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

Court costs are fixed in Belgium.  Costs vary depending on the court before which the proceedings are brought and the stage of the proceedings (first instance or appeal).

Costs in judicial proceedings are termed ‘legal costs’ and are the subject of Article 1017 et seq. of the Judicial Code. Article 1018 sets out the costs classed as legal costs.  Legal costs consist of:

• the various registry and registration fees. Registry fees consist of fees for register entry, drafting and copy execution and are set out in the Code on Registration, Mortgage and Registry Fees, under Article 268 et seq.;
• the cost of and emoluments and salaries for judicial documents;
• the cost of executing a copy of the judgment;
• the costs of all measures of investigation, in particular witness and expert allowances. With regard to witnesses, a Royal Decree of 27 July 1972 determines the amounts of the allowance and of reimbursements.
• travel and subsistence costs for members of the national legal service, registrars and parties when their journey has been ordered by the judge, and document costs, when these have been produced solely for the proceedings;
• the case preparation allowance referred to under Article 1022;
• the fees, emoluments and costs of a mediator appointed in conformity with Article 1734.

Article 1019 states that the registration fees classed as legal costs consist of:

• a general fixed fee,
• specific fixed fees, and
• fees due on judgments leading to conviction, liquidation or collocation of monies or securities.

In some cases, when the applicant or the intervening party in the proceedings is not Belgian and the respondent is Belgian, the latter may, in the absence of an international agreement providing for dispensation and except in special circumstances, request that the applicant or the intervening party provide surety to guarantee payment of damages arising from the action.  This is provided for by Article 851 of the Judicial Code.

The costs of bailiffs and lawyers (see above) and translators and interpreters (see below) must also be taken into account, as appropriate.

Stage in civil proceedings when a party must settle fixed costs

Some costs must be settled before an action is brought. This applies to the registry fee, which is collected when the case is entered in the register.

Costs arising during the proceedings are generally collected while the proceedings are underway.

For some costs a reserve has to be established. In this way, experts are paid from a reserve established by the party that sought the measure of investigation. Likewise, Article 953 states that the party requesting that a witness be heard must, before such hearing, deposit a reserve with the registrar representing the amount of the allowance and the reimbursement of costs (travel, etc.).

Costs in legal proceedings are sometimes advanced by lawyers and therefore included in their statement of costs and fees.

Fixed costs in criminal proceedings

Fixed costs due from all parties in criminal proceedings

The issue of fixed costs in criminal proceedings is regulated under Article 91 et seq. of the Royal Decree of 28 December 1950.

Stage in criminal proceedings when a party must settle fixed costs

The issue of fixed costs in criminal proceedings is regulated under Article 91 et seq. of the Royal Decree of 28 December 1950.

Costs of legal proceedings in constitutional matters

Fixed costs for litigants in constitutional proceedings

The only costs attributed to the parties in constitutional proceedings are the costs of sending items by registered post.

What prior information can you expect to receive from your legal representative (lawyer)?

Information relating to the rights and obligations of the parties

The rules of professional conduct impose a duty of information and advice on lawyers with regard to their clients. This involves lawyers providing their clients with information about their rights and obligations.

Lawyers must, among other things, inform their clients about the method of calculating their fees.

Sources of information on costs of legal proceedings

Where can I find information about costs of legal proceedings in Belgium?

Information on this subject is available on the Internet site of the FPS Justice and that of the Commission for Modernisation of the Judiciary (heading ‘Info juridique’ (legal information)), or on the Internet sites of the various legal professions.

Such information may also be found in statutory texts or by contacting the registrar or a lawyer.

In which languages can I find information about the costs of legal proceedings in Belgium?

This information is available in Dutch and French.

Where can I find information on mediation?

Information on mediation is available on the Internet site of the FPS Justice (heading ‘publications’ (publications)) and that of the Federal Mediation Commission.

Where can I find additional information on costs?

Website on costs of legal proceedings

See above.

Where can I find information on the average length of time proceedings take?

A lawyer will be able to give you some information on the estimated length of time of your proceedings. This varies depending on the type of proceedings that you wish to bring and the court before which you wish to take action.

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

A lawyer will be able to give you some information on the estimated cost of your proceedings. This varies depending on the type of proceedings that you wish to bring and the court before which you wish to take action.

Value Added Tax (VAT)

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

Where information on costs is published, the costs indicated do not include VAT. The applicable VAT rate is 21%.

Legal aid

What are the income limits for receiving this in civil matters?

This matter is governed by Article 508/1 et seq. of the Belgian Judicial Code.

Frontline legal help is free for all. It involves initial legal advice, and more specifically:

• practical information,
• legal information,
• an initial opinion or referral to a specialist organisation.

This initial advice is given by law professionals and is totally free of charge, whatever your income.

Second-line legal help allows those whose income does not enable them to meet the costs of a lawyer to obtain free or partly-free assistance from a lawyer. A lawyer helps you by advising and defending you. A Royal Decree of 18 December 2003 determines the requirements for free or partly-free second-line legal help and legal assistance.

Those receiving totally free legal help because of their social circumstances:

• any single person whose net monthly income is less than EUR 944;
• any single person with a dependant whose net monthly income is less than EUR 1 213 (+ EUR 163.47 for each dependant);
• any person forming a household (married or cohabiting) whose net monthly household income is less than EUR 1 213 (+ EUR 163.47 for each dependant);
• any person receiving social integration or social welfare income;
• any person receiving the income guarantee to older persons (GRAPA);
• any person receiving income replacement benefits for disabled persons who have not been granted integration benefit;
• any person with a dependent child receiving guaranteed family benefits;
• any social tenant who, in the Flemish or Brussels-Capital Regions, pays a rent equal to half of the base rent or who, in the Walloon Region, pays minimum rent;
• any minor;
• any foreign national, in order to make a residence permit application or bring an administrative or judicial action against a decision taken pursuant to the acts on admission to the territory, stay, settlement and expulsion of foreign nationals;
• any asylum seeker, any person declaring himself or herself a refugee or making an application for refugee status or making an application for displaced person status;
• a person engaged in collective debt settlement proceedings or wishing to submit a request for collective debt settlement.

Those receiving free legal help due to presumed lack of income (a presumption that may be reversed):

• any person in detention or any accused person covered by the law concerning immediate summary trial who is presumed, unless proved otherwise, to be a person without adequate resources;
• any mentally ill person made the subject of a measure provided for by the Act of 26 June 1990 on protection of the person of those mentally ill who are presumed, unless proved otherwise, to be persons without adequate resources;
• a defendant covered  by the law concerning immediate summary trial.

The help is partly free (lawyers may, in this case, ask for a limited contribution to cover their services) for:

• any single person whose net monthly income is between EUR 944 and EUR 1 213;
• any single person with a dependant whose net monthly income is between EUR 1 213 and EUR 1 480 (+ EUR 163.47 for each dependant);
• any person who is cohabiting with a partner or with any other person with whom he or she forms a household and whose net monthly household income is between EUR 1 213 and EUR 1 480 (+ EUR 163.47 for each dependant).

The amounts shown above are adjusted each year in line with the consumer price index.

Legal assistance concerns the costs of legal proceedings. If clients do not have adequate resources to meet the costs of legal proceedings, they may apply, directly or through their lawyer, to the legal assistance office. They may, depending on their degree of insolvency, be exempted, in full or in part, from paying the costs of bailiffs, experts, etc.  This matter is governed by Article 664 et seq. of the Judicial Code.

What are the requirements to obtain it when someone is a defendant in a criminal trial, a victim of crime or an accused person?

The conditions for obtaining legal aid as a defendant in a criminal trial, a victim or an accused person are the same as set out above.

Are some proceedings exempt from costs?

Yes, for example, proceedings seeking collective debt settlement or an opportunity to participate in court proceedings without costs.

Does the losing party have to pay the winning party’s costs?

Civil and commercial matters

In conformity with Article 1017 et seq., the costs that constitute legal costs (costs for bailiff, expert, court, etc.) are, in general, awarded against the losing party, once the judgment has been delivered.

A one-off contribution to the lawyer costs and fees of the winning party is part of the legal costs awarded against the losing party. This contribution is termed the ‘case preparation allowance’ and is a one-off contribution calculated according to a scale based on the amounts involved in the case. It does not necessarily cover all of the fee costs. A Royal Decree of 26 October 2007 determines the amounts of this case preparation allowance. The amounts are minima and maxima and it is for the judge to assess the amount of the allowance within this range.

In some instances the court may not award legal costs against the losing party but settle this question differently (shared costs, etc.).

Criminal matters

When the court finds against the defendant and those civilly liable, the costs of the proceedings are generally awarded against them, as is a case preparation allowance (one-off contribution to the lawyer costs and fees of the winning party – see civil and commercial matters above). On the other hand, if the court does not find against the defendants and those civilly liable and the party claiming damages loses, the latter may or must be ordered to pay all or part of the costs of proceedings to the State and to the defendant, as well as a case preparation allowance. In some instances the costs of proceedings are paid by the State. These rules are contained in the Code of Criminal Procedure.

Experts’ fees

Civil and commercial matters

Experts’ fees are not regulated and experts set the amount of their fees freely. The judge monitors these fees in a marginal way (he or she may intervene in the event of disagreement between the parties and the expert) but there is no legal text establishing the amounts of experts’ fees. This matter is governed by Article 987 et seq. of the Judicial Code, as well as by a Royal Decree of 24 May 1933.

A Royal Decree of  14 November 2003 does, however, establish the tariff of fees and costs due to experts appointed by the employment courts in the context of medical reports concerning:

• cases relating to disabled persons’ benefits,
• family benefits for salaried workers and self-employed workers,
• unemployment  insurance, and
• compulsory insurance scheme for health care and allowances.

Criminal matters

Experts’ fees in criminal proceedings are regulated by a Royal Decree of 28 December 1950 and by a ministerial circular of 22 January 2009. The tariffs for 2009 were published in the Belgian Official Gazette of 12 January 2009.

Texts available for consultation on the Internet site of the Commission for Modernisation of the Judiciary (heading ‘infos juridique’ (legal information) – ‘professionnels’ (professionals) –  ‘tarifs’ (tariffs) – ‘frais de justice’(costs of legal proceedings)) or on the Internet portal of the Judiciary of Belgium (heading ‘Législation’ (Legislation)).

Translators’ and interpreters’ fees

It may be necessary to call upon a translator or interpreter in the course of proceedings. Such is the case when documents are presented in a language other than the one used for the proceedings or when a witness can only express himself or herself in another language. It is also the case when a party speaks a language other than the one used for the proceedings and does not understand the language of the proceedings or when the judge does not understand the language used by that party. The applicable rules are contained in the Act of 15 June 1935 concerning use of language in judicial matters.

Criminal matters

Translators’ and interpreters’ fees in criminal proceedings are regulated by a Royal Decree of 28 December 1950 and by a ministerial circular of 22 January 2009. The tariffs for 2009 were published in the Belgian Official Gazette of 12 January 2009.

Texts available for consultation on the Internet site of the Commission for Modernisation of the Judiciary (heading ‘infos juridique’ (legal information) – ‘professionnels’ (professionals)  – ‘tarifs’ (tariffs) – ‘frais de justice’ (costs of legal proceedings)) or on the Internet portal of the Judiciary of Belgium (heading ‘Législation’ (Legislation)).

Related Links

Federal Public Service Justice

Commission for Modernisation of the Judiciary

Related Attachments

Report of Belgium concerning the Study on the transparency of costs(829 Kb)

Important preliminary remark: Lawyers’ costs and fees are not regulated in Belgium (these costs and fees depend on the difficulty and scale of the case, the name and reputation of the lawyer, the urgency of the matter, the outcome of the case, etc.). However, lawyers in Belgium are bound by the rules of professional conduct and are legally required to estimate costs within suitably restrained limits (see above).

The estimate of costs is provided on a purely indicative basis.

Costs in Belgium

Costs for Court, Appeals and Alternative Dispute Resolution (ADR)

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

See the ‘Legal Aid’ section of the page dealing with costs of proceedings.  

Costs for translation and interpretation

Important preliminary remark: Lawyers’ costs and fees are not regulated in Belgium (these costs and fees depend on the difficulty and scale of the case, the name and reputation of the lawyer, the urgency of the matter, the outcome of the case, etc.). However, lawyers in Belgium are bound by the rules of professional conduct and are legally required to estimate costs within suitably restrained limits (see above).

The estimate of costs is provided on a purely indicative basis.

Costs in Belgium

Costs for Court, Appeals and Alternative Dispute Resolution (ADR)

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

See the ‘Legal Aid’ section of the page dealing with costs of proceedings.

Costs for translation and interpretation

Important preliminary remark: Lawyers’ costs and fees are not regulated in Belgium (these costs and fees depend on the difficulty and scale of the case, the name and reputation of the lawyer, the urgency of the matter, the outcome of the case, etc.). However, lawyers in Belgium are bound by the rules of professional conduct and are legally required to estimate costs within suitably restrained limits (see above).

The estimate of costs is provided on a purely indicative basis.

Costs in Belgium

Costs for Court, Appeals and Alternative Dispute Resolution (ADR)

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

See the ‘Legal Aid’ section of the page dealing with costs of proceedings.

Costs for translation and interpretation

Important preliminary remark: Lawyers’ costs and fees are not regulated in Belgium (these costs and fees depend on the difficulty and scale of the case, the name and reputation of the lawyer, the urgency of the matter, the outcome of the case, etc.). However, lawyers in Belgium are bound by the rules of professional conduct and are legally required to estimate costs within suitably restrained limits (see above).

The estimate of costs is provided on a purely indicative basis.

Costs in Belgium

Costs for Court, Appeals and Alternative Dispute Resolution (ADR)

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

See the ‘Legal Aid’ section of the page dealing with costs of proceedings.

Costs for translation and interpretation

Important preliminary remark: Lawyers’ costs and fees are not regulated in Belgium (these costs and fees depend on the difficulty and scale of the case, the name and reputation of the lawyer, the urgency of the matter, the outcome of the case, etc.). However, lawyers in Belgium are bound by the rules of professional conduct and are legally required to estimate costs within suitably restrained limits (see above).

The estimate of costs is provided on a purely indicative basis.

Costs in Belgium

Costs for Court, Appeals and Alternative Dispute Resolution (ADR)

Costs for lawyer, bailiff and expert

Costs for witness compensation, pledge or other guarantee

Costs for legal aid and other reimbursement

See the ‘Legal Aid’ section of the page dealing with costs of proceedings.

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Costs of proceedings - Bulgaria

This page offers you information about the costs of justice in Bulgaria.

Regulatory framework governing fees of legal professions

Lawyers

According to the Bulgarian Bar Act (last amended SG 69/05.08.2008):

Article 36 states that:

1. Attorneys-at-law have the right to remuneration for their labour.
2. The amount of the remuneration must be agreed in a contract between the attorney-at-law and his or her client. The amount of the contract must be fair and justified, and may not be lower than that envisaged for the type of work undertaken (Ordinance of the Supreme Bar Council).
3. In the absence of a contract, on request by the attorney-at-law or the client, the Bar Council must set the remuneration (Ordinance of the Supreme Bar Council).
4. Remuneration may be fixed in absolute terms and/or as a percentage of an amount that may, depending on the outcome of the proceedings, be awarded by the court. This excludes remuneration in criminal cases and in civil cases where a non-material interest is involved.

Article 38 states that:

1. Attorneys-at-law may provide legal assistance and cooperation to:

• Individuals who are entitled to alimony
• Persons in financial difficulty
• Parents, friends or other lawyers

1. In such cases, where the adverse party in the respective proceedings is sentenced to pay the expenses, the lawyer has the right to remuneration. The court must determine such remuneration in an amount not lower than that envisaged (in Ordinance under Article 36, Paragraph 3) and will sentence the other party to pay it.

The remuneration (fee) is regulated in line with the Ordinance of the Supreme Bar Council No 1 from 2004. The minimum fees are as follows:

1. Fees for counselling, information, preparation of documents and contracts:

• Fixed fees – from approximately €10 to €300
• According to the material interest of the case, fixed fee (from approximately €75 to €350) + percentage of the material interest (from 0.1 to 1%)

1. Fees for civil and administrative proceedings in one instance:

• Fixed fees (from approximately €50 to €250)
• According to the material interest of the case, fixed fee (from approximately €50 to €325) + percentage of the material interest (from 2 to 6%)

1. For proceedings on the enforcement of court decisions

• ½ of the fees set out in section 2

1. Fees for criminal and administrative sanctions proceedings in one instance only fixed fees:

• For the pre-trial phase, approximately €150
• For the trial phase – from approximately €150 to €900, depending on the seriousness of the alleged crime
• In administrative sanctions cases, €75

1. Fees for proceedings under special laws (protection of children, family code, domestic violence, extradition and European Arrest Warrant etc):

• Only fixed fees, from approximately €75 to €125

Bailiffs

Since 2006, bailiffs in Bulgaria have been private enforcement agents and state functionaries. Statutory tariffs apply to both of these.

1. The fees of state functionaries are regulated (in section II of the tariff for state fees collected by the courts under the civil procedure code from 2008).
2. The fees of private enforcement agents are regulated (article 78 of the Law on private enforcement agents and in the tariff for fees and expenses on enforcement, in the law on private enforcement agents).

The fees set by both tariffs are the same.

A private enforcement agent charges an additional fee of 50 percent of the standard fee for serving documents on non-working days and holidays, for sending subpoenas by mail and for making copies of the complaint, notification and papers.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

The fees for civil proceedings are provided (in section I of the tariff for state fees collected by the courts under the Civil Procedure Code from 2008), as follows. The fee for:

• A civil claim is 4 percent of the claimed amount, but not less than €25
• A moral damage claim is up to €40, but not less than €15
• Divorce cases (including those settled by mutual agreement) are 2 percent of the three-year total of each party’s share (according to the agreement for dividing matrimonial property and alimony)
• An enforcement order is 2 percent of the material interest, but not less than €12.5
• For adoption cases is €12.5
• For securing claimed property is €20
• For securing of evidence is €10
• For insolvency cases is €25 for a sole propriety trader, €125 for a commercial company

Stage of the civil proceeding at which fixed costs must be paid

The fees are paid before the proceedings begin or the required actions are performed (article 76 of the Civil Procedure Code).

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

The coverage of costs and remuneration in criminal proceedings is regulated by the Criminal Procedure Code:

Article 187: Covering costs

1. Costs for criminal proceedings must be covered by the amount specified in the budget of the respective institution, except in cases specified by law.
2. In criminal cases arising from a complaint by a victim and filed with the court, the private complainant must deposit the amount of the costs in advance. If they are not deposited, the private complainant must be given seven days to deposit them.
3. In cases arising from a complaint by the victim and filed with the court, the costs of evidentiary claims made by the defendant in court must be covered by the court's budget.

The fixed costs for criminal proceeding are provided (in Tariff № 1 of the law on state fees collected by the courts, prosecutors’ offices, investigation services and the Ministry of Justice, last amended in 2005) as follows:

• For complaints giving rise to criminal proceedings of a private character – €6
• For private claims in criminal proceedings of a private character – €2.5
• For requests for rehabilitation when a case remains open – €3

Stage of the criminal proceeding where fixed costs must be paid

The costs described above must be deposited in advance by the private complainant (according to the Criminal Procedure Code). If they are not deposited, he or she must be given seven days to deposit them.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

There are no constitutional proceedings in the Bulgarian legal system.

Prior information to be provided by legal representatives

Rights and obligations of the parties

Article 40 (3) of the Bar Act provides that “attorneys-at-law shall be obligated to accurately inform their clients of their rights and obligations”. There is no explicit obligation to provide information to their clients on anticipated costs in the course of legal proceedings. However, the lawyers’ ethical code implies such an obligation.

Cost sources

Where can I find information on cost sources in Bulgaria?

A physical person or legal entity interested in bringing a case to court will be unable to find any public information explaining how much they this will cost them, since there is no official or unofficial website or other public body that provides such synthesised information. Therefore, clients rely mainly on their lawyers to inform them about costs.

Nevertheless, from the following public websites, citizens can find the legal regulations on fees and costs of legal proceedings and make their own calculations. They are: national legislation, the site of the Supreme Bar Council, the site of the Supreme Judicial Council and the site of the National Service for Legal Aid, All these websites are currently available in the Bulgarian language only.

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

All the above-listed websites are currently available only in the Bulgarian language.

Where can I find information on mediation?

Such information is available on the website of the Bulgarian Ministry of Justice.

Where can I find additional information on costs?

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

On the website of the Supreme Judicial Council, you can find annual and bi-annual reports of court activities at all levels. There is information on the number of cases finalised within the past 3 months, 6 months, 1 year, 2 years or more. The Supreme Judicial Council statistics department provides analysis and information on the average length of court proceedings in civil, criminal and administrative cases.

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

No such official public information is available.

Value Added Tax

How is this information provided? What are the applicable rates?

VAT is included in the costs (according to the tariffs and regulations above).

Legal aid

Applicable income threshold in the area of civil justice

According to the Legal Aid Act, the conditions for both civil and criminal cases are the same (see below):

Article 22:

• Legal aid (under Items 1 and 2 of article 21) is granted to people who satisfy the eligibility requirements for monthly social assistance benefits (according to the procedure set out in the Regulations for Application of the Social Assistance Act), and to people who have been placed in specialised institutions where social services are provided.
• Legal aid (under Items 1 and 2 of article 21) must be granted to a foster family, family or friends and relatives with whom a child is placed (according to procedures set out in the Child Protection Act)
• The decision on the placement of a child must be certified by the director of the Social Assistance Directorate, or by court judgement, as the case may be. Any person who has not claimed the monthly social benefit to which they are entitled (according to the procedure established by the Regulations for Application of the Social Assistance Act) must submit to the National Legal Aid Office (NLAO) a certificate issued by the director of the Social Assistance Directorate, acknowledging that the person concerned satisfies the eligibility requirements for monthly social assistance benefits.

In civil and administrative cases, there are additional requirements.

Article 23:

1. In civil and administrative matters, legal aid is granted where – on the basis of evidence presented by the relevant competent authorities – the court determines that the party is unable to pay for the assistance of a lawyer. To arrive at such determination, the court will take into consideration:

• The income of the person or family
• The property status, as certified by a declaration
• The family situation
• The health status
• The employment status
• The age
• Other circumstances ascertained.

Applicable income threshold in the area of criminal justice for defendants

In addition to the criteria set out for criminal cases (article 22 of the Legal Aid Act, described above) the following criteria apply:

Article 23:

1. The legal aid system (referred to in item 3 of article 21) covers cases in which defence or representation by legal counsel is mandatory.
2. The legal aid system must, furthermore, cover cases in which a suspect, an accused, a person incriminated, a defendant or a party to a criminal, civil or administrative case is unable to pay for the assistance of a lawyer, wishes to have such assistance, and the interests of justice require this.
3. In criminal matters, such an assessment must be carried out by the relevant authority on the basis of the property status of the person/defendant who is unable to pay for the services of a lawyer.

Applicable income threshold in the area of criminal justice for victims

The applicable threshold is the same as for other parties in criminal proceedings (see above).

Other conditions attached to the granting of legal aid for victims

There are no specific conditions in the law that apply to victims of crime. The general rules for legal aid in criminal cases are applicable (articles 22 and 23 of the Legal Aid Act).

Other conditions attached to the granting of legal aid for defendants

There are no specific conditions in the law that apply to defendants. The general rules for legal aid in criminal cases are applicable (articles 22 and 23 of the Legal Aid Act)

Cost-free court proceedings

Article 83: Exemption from fees and expenses

1. Fees and expenses for the handling of the lawsuits shall be not deposited:

• By the claimants – workers, employees and members of collective claims, arising from labour legal relationships
• For claimants in claims for maintenance
• For claims filed by a prosecutor
• By claimants – for claims for damages from tort from a crime, for which a verdict exists and has entered into force
• By appointed special representatives of a party whose address is not known

1. Fees and expenses for proceedings must not be deposed by natural persons, where the court recognises that they do not have sufficient resources to pay them. On the application for exemption, the court will take into consideration:

• Incomes of the person and the person’s family
• Property status, as certified by a declaration
• Family status
• Health status
• Employment status
• Age
• Other relevant circumstances

1. In the cases under paragraphs 1 and 2, the expenses for the proceedings must be paid from the amount provided in the court’s budget.

Article 84: Exemption in peculiar cases

Those exempted from payment of a state fee, but not from court expenses are:

1. State and state institutions, except in cases of private state property and in claims for private state receivables and rights (amend. – SG 50/08, in force from 01.03.2008; amended by decision of the constitutional court case No 3 of 2008 – SG 63/08)
2. The Bulgarian Red Cross
3. Municipalities, except for claims for private municipal receivables and property rights – private municipal ownership

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

Civil Cases

Article 78: Awarding expenses

1. The fees paid by the claimant (including expenses for proceedings and remuneration for one attorney (if the party had one) must be paid by the defendant in proportion to the awarded amount of the claim.
2. If the defendant has provided no reason for the lawsuit, the expenses must be awarded to the claimant.
3. The defendant also has the right to claim paid expenses in proportion to the denied part of the claim.
4. The defendant is also entitled to expenses if the lawsuit is terminated.
5. If the claim paid by the party for remuneration of an attorney is excessively high, with respect to the actual legal and factual difficulty of the case, the court may, upon request of the opposite party, award a smaller amount, but not less than the minimum amount (as per art. 36 of the attorney law).
6. Where the case is decided in favour of a person who is exempt from state fees or expenses for proceedings, the sued person must pay all the due fees and expenses. The respective amounts must be awarded to the court.
7. If the claim of a person who has used legal aid is recognised, the paid attorney’s remuneration will be awarded to the National Bureau of Legal Aid, in proportion to the recognised part of the claim. In cases of suing decisions, the person who has used legal aid will owe expenses in proportion to the denied part of the claim.
8. Attorney remuneration will also be awarded in favour of legal persons and single entrepreneurs, if they have been defended by an employee – legal advisor.
9. If the case is finalised by an agreement, half of the deposed state fee must be paid back to the claimant. The expenses of proceedings and the agreement remain, if not otherwise agreed.
10. A third assisting person* will not be awarded expenses, but must pay the expenses of proceedings performed by him or her.
11. Where a prosecutor participates in the lawsuit, the expenses due must be awarded to the state, or be paid by the state.

*A third assisting person is a separate party in civil proceedings with specific rights and duties regulated in the Civil Procedure Code.

Criminal Cases

Criminal Procedure Code – Costs and remunerations

Article 187: Covering costs

1. Costs for criminal proceedings must be covered by amounts specified in the budget of the respective institution, except in cases specified by law.
2. In cases of crime based on a complaint by a victim and filed with the court, costs must be deposited in advance by the private complainant. If they are not, the private complainant must be given a term of seven days to deposit them.
3. In cases based on a complaint by a victim and filed with the court, costs for evidentiary claims made by the defendant in court must be covered by the court's budget.

Article 188: Determination of costs

1. The amount of costs must be determined by the court or the body of pre-trial proceedings.
2. The remuneration of witnesses – workers or employees – must be determined by the court.

Article 189: Decision on costs

1. The court must decide on the issue of costs incurred when sentencing or ruling.
2. Costs for translation during pre-trial proceedings must be at the expense of the respective body; those incurred during court proceedings will be at the expense of the court.
3. Where the accused party is found guilty, the court will sentence him/her to pay the costs of the trial, including attorney fees and other expenses for the defence counsel appointed ex officio. These will include the expenses incurred by the private prosecutor and the civil claimant, where the latter have made a request to this effect. In the presence of several sentenced persons, the court will apportion the costs payable by each of them.
4. Where the accused party is found not guilty on some charges, the court will sentence the accused to pay only the costs incurred in connection with the charge under which he/she has been found guilty.

Article 190: Award of costs

1. Where the accused is acquitted or criminal proceedings are terminated, all costs in publicly actionable cases remain at the expense of the state, and action raised by a complaint by the victim will be at the expense of the private complainant.
2. A writ of execution for the costs awarded must be issued by the first instance court.

Experts’ fees

There is a general rule for experts’ fees in civil proceedings in the Civil Procedure Code:

Article 75: Determination of the expenses

”….the remuneration of the experts shall be determined by the court, taking in view the work done and the expenses made.”

Ordinance No 1 of 2008 for the registration, qualification and remuneration of experts was issued by the Supreme Judicial Council and applies to civil, criminal and administrative cases. Article 29 stipulates that experts’ fees must be determined by the authorities assigning the expertise in accordance with:

1. Complicity of the task
2. Competence and qualification of the expert
3. Duration of the fulfilment of the task
4. Quantity of the work done
5. Necessary expenses, such as materials used, consumables, tools, equipment, etc
6. Other conditions influencing the work done – such as meeting deadlines, extra work in out-of-working time and national holidays, etc

Translators' and interpreters' fees

Civil Cases

The rules for experts apply for translators as well – see above.

Criminal Cases

Criminal Procedure Code: Article 189 (2)

Costs for translation during pre-trial proceedings are at the expense of the respective body, and those during court proceedings are at the expense of the court.

Related Attachments

Bulgaria’s report of the Study on Transparency of costs(566 Kb)

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Costs of proceedings - Czech Republic

You can find information about the costs of justice in the Czech Republic on this page.

Family law - Divorce

Family law – custody of the children and alimony

Commercial law – contract

Commercial law – responsibility

Regulatory framework governing the fees of legal professions

Lawyers

There is only one type of lawyer (advocate) in the Czech Republic, no barristers or solicitors.

The Regulation of the Ministry of Justice No. 177/1996 Sb. of 4^th June 1996 deals with the fees and remuneration payable to lawyers for the provision of legal services (the lawyers’ tariff). It is available in English on the website of the Czech Bar Association.

Lawyers’ fees can also be agreed privately between the parties involved.

In most civil law cases (including family and commercial matters), legal representation is not mandatory.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

Act. No 549/1991 Coll. on judicial payments (no English language version available) governs the costs payable in respect of civil proceedings. These vary according to the type of proceeding. Fixed fees apply in some cases; in others, the fee payable is calculated on the basis of a percentage.

In all cases, costs must be paid in Czech currency (CZK) and may be sent by bank transfer to the account of the state (or court). Costs of up to CZK 5000 can be paid by government fiscal stamp (kolek), which may be purchased at post offices and certain other places.

The court must notify the individual making the claim as to the specific amount she or he must pay.

Stage of the civil proceeding where fixed costs must be paid

Costs must be paid within three days of the date of notification, before the first hearing takes place.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

Criminal proceedings are always started ex officio (by the office of the state prosecution), and the defendant pays only the costs of legal representation.

Stage of the criminal proceeding where fixed costs must be paid

There are no judicial costs in criminal proceedings.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

There are no fixed judicial costs for actions brought before the Constitutional Court of the Czech Republic, but representation by a lawyer is mandatory.

Stage of the constitutional proceeding where fixed costs must be paid

There are no fixed judicial costs.

Prior information to be provided by legal representatives

Rights and obligations of the parties

There is no obligation imposed on legal representatives to supply prior information.

The rights and obligations of the parties may be agreed between a lawyer and his/her client.

Cost sources

Where can I find information on cost sources in the Czech Republic?

It is advisable to consult a lawyer about each specific case. Once an action has begun, the court becomes responsible for notification of the court fees to be paid.

In what languages can I obtain information on cost sources in the Czech Republic?

As the only official language in the Czech Republic is Czech, there is no legal obligation to provide information in other languages. The quality of information thus depends on the willingness and skills of the individual providing information.

Where can I find information on mediation?

Information on mediation can be found on the website of The Association of Mediators of the Czech Republic (AMČR)

Where can I find additional information on costs?

Available website on costs information

There is no official website providing information on costs.

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

Various statistics are provided on the website of the Ministry of Justice; however, much depends on the particular case at hand. Some legal rules stipulate time limits only in relation to specific acts by the court (e.g. preliminary rulings).

Where can I find information on the average aggregate cost for a particular type of case?

The costs payable depend on the circumstances of each case; it is not, therefore, possible to provide such information in advance.

Value added tax

How is this information provided?

Judicial costs are VAT-free, and their amount is finite. The lawyer's tariff does not include VAT. However, certain law firms, which are VAT payers, add VAT (19%).

What are the applicable rates?

See the point above regarding VAT.

Legal aid

Applicable income threshold in the area of civil justice

No specific income threshold is set. However, on request, judges may review each situation individually. Partial or total exemption from payment of the court fee may be granted, provided the claimant has not launched an unreasonable action. A court may assign a legal assistant to a claimant where legal representation is mandatory.

Free legal aid is provided by specialised NGOs (depending on the subject matter) or by the Czech Bar Association. In specific cases, the Czech Bar Association may appoint a lawyer to provide legal services free. Qualifying for free legal aid not only takes into account the person’s income, but also the overall financial situation of her or his household.

Applicable income threshold in the area of criminal justice for defendants

No specific income level is set. Courts assign a lawyer to a defendant in all situations where legal representation is mandatory and the defendant does not have his/her own lawyer.

Applicable income threshold in the area of criminal justice for victims

Only certain NGOs provide free legal aid to victims. Victims are party to criminal proceedings in a few specific cases only; in others, they are obliged to bring an action (the information given above on the income threshold applicable for legal aid in the area of civil justice is relevant).

Other conditions attached to the granting of legal aid for victims

Victims may claim compensation from the Ministry of Justice (according to Act No. 209/1997 Coll.).

Other conditions attached to the granting of legal aid for defendants

The information given above on the income threshold applicable for legal aid for defendants in the area of criminal justice is relevant.

Cost-free court proceedings

Claims brought before the Constitutional Court are cost-free. Court fees are also not requested in certain types of proceedings (specified in § 11 Act No. 549/1991 Coll. on court fees) –- for example, where the claimant is a minor and in certain other cases (e.g., where the state or its organs is party to the proceedings; where a foreigner is claiming asylum, or in other cases involving ’weaker’ parties).

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

It is up to the judge to decide (in his/her final decision) in each specific case; the judge may order the losing party to pay all or part of the costs. However, this does not apply in divorce proceedings. Orders for costs may also cover the lawyer’s costs.

Experts’ fees

The court pays the fees of experts it appoints. The contending parties are responsible for an expert’s fees only when they themselves request the services of an expert. In certain specific cases, the court may decide that the losing party should pay an expert's fee.

Translators' and interpreters' fees

The court is responsible for paying the fees of translators or interpreters in court proceedings; where the party is a foreigner who does not understand Czech, he or she has the right to address the court in his or her native language.

Related Attachments

Czech Republic’s report of the Study on Transparency of costs(703 Kb)

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 1 - family law - divorce - Czech Republic

In this case study on family law – divorce, member states were asked to advise the party filing for divorce on litigation costs in 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 the same member state (member state A) marry. 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.

Costs in the Czech Republic

Costs for court, appeals and alternative dispute resolution

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 2 - family law - custody of the children - Czech Republic

In the Czech Republic, these two situations (custody and alimony) of children are always the subject of one set of proceedings and cannot be separated. The fact that the parents of children are not married does not make any difference. If they are married, these proceedings take place before the divorce proceedings.

In case study 2 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.

• In case study 3 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.

Costs in the Czech Republic

Costs of court, appeals and alternative dispute resolution

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 4 - commercial law - contract - Czech Republic

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 20.000 euros. 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 20.000 euros 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.

Costs in Czech Republic

Costs for court, appeals and alternative dispute resolution

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 5 - commercial law - responsibility - Czech Republic

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.

Costs in Czech Republic

Costs of court, appeals and alternative dispute resolution

Costs for lawyer, bailiff and expert

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

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Regulatory framework governing fees charged by legal professions

In principle there is no regulatory framework governing fees charged by the legal professions. However, the High Court (landsret) has established guidance rates, which can be consulted by the public. Anyone can submit a complaint about a lawyer's fee to the Disciplinary Board of Lawyers Advokatnævnet.

Fixed court costs

Fixed court costs in civil proceedings

Fixed court costs for parties to civil proceedings

Danish law requires the claimant to pay a court fee for submitting the claim. As a starting point, the fee is set at DKK 500. Where the sum claimed is more than DKK 50 000, the fee is DKK 750, plus 1.2% of the amount by which the sum claimed exceeds DKK 50 000.

Where the sum claimed is more than DKK 50 000, an additional hearing fee is payable for the court hearing. This fee is the same as the fee paid when the claim is submitted. For the court hearing too, therefore, the claimant must pay DKK 750 plus 1.2% of the amount by which the sum claimed exceeds DKK 50 000.

An upper limit of DKK 75 000 is set for each of the two types of court fee (the fee for submission of the claim and that for the court hearing). In some cases (for example, those relating to the exercise of public authority), the upper limit is only DKK 2 000.

In some types of civil case, including those involving family law, there are no fees payable to the court.

Stage of the civil proceedings at which the parties must pay fixed costs

As noted above, the claimant must pay a court fee on submitting the claim.

The fee for the court hearing must be paid by the time the date of the hearing is set, but at the earliest three months before the hearing.

Fixed costs in criminal proceedings

Fixed court costs for parties to criminal proceedings

Criminal cases are normally free of any court fees. However, a small number of criminal cases are brought by private prosecution, in which case the rules regarding court fees in civil cases apply.

Fixed costs in constitutional proceedings

Fixed court costs for parties to constitutional proceedings

Constitutional cases may be either civil or criminal cases. There are no separate rules on constitutional proceedings in Denmark.

Information about court costs that is to be provided by legal representatives

Rights and obligations of the parties

Point 16.8 of the Code of Conduct of the Danish Bar and Law Society (Advokatsamfundets advokatetiske regler) states:

‘A lawyer shall make every effort to find a solution to the client’s case at the lowest possible cost, taking into account the client’s wishes and instructions.’

Costs sources

Where can I find information on cost sources in Denmark?

Information on costs is available on the websites of the Danish Bar and Law Society Advokatsamfundet and the Danish courts Danmarks Domstole.

In which languages can I find information on cost sources in Denmark?

Information on cost sources is available in Danish and English.

Where can I find information on mediation?

Information on mediation (retsmægling) is available on the website of the Danish courts Danmarks Domstole.

Where can I find additional information on costs?

Websites with information on costs

The official website of the Danish Court Administration Domstolsstyrelsen provides general information on the Danish justice system and contact information.

Where can I find information on the average length of time taken by the different procedures?

Information on the average time taken by different types of proceeding is available on the homepage of the Danish courts Danmarks Domstole.

Value Added Tax

Where can I find this information?

Normally, the rates published include VAT.

Legal aid

Applicable income threshold in the area of civil justice

The income threshold for legal aid is adjusted once a year. In 2019 the following income thresholds applied:

• Single person: DKK 329 000
• Applicant who is married or in a similar relationship: DKK 418 000
• Sum added in respect of each child: DKK 57 000.

Everybody, regardless of income, has a right to receive basic legal advice orally and free of charge from the legal aid institutions (advokatvagten and retshjælpen).

Applicable income threshold in the area of criminal justice for defendants

A defendant's right to legal representation does not depend on income, but on the nature of the case. In general, the defence lawyer's fee must be paid by the defendant if he or she is found guilty, regardless of his or her level of income.

Applicable income threshold in the area of criminal justice for victims

A victim's right to legal representation does not depend on income, but on the nature of the case. The principal situations in which victims are entitled to legal representation under section 741(a) of the Administration of Justice Act are cases involving violence and sexual offences. In such situations, the lawyer's fee is paid by the State.

Other conditions for the granting of legal aid to victims

See the answer given above on the criminal justice income threshold for victims.

Other conditions for the granting of legal aid to defendants

See the answer given above on the criminal justice income threshold for defendants.

Are there court proceedings that are free of charge?

As mentioned above (see answer given on the fixed costs for parties to civil proceedings), certain civil cases are free of any court fees. However, other costs (for example, lawyers’ fees) may become payable in the course of proceedings.

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

The rules on compensation of costs in civil cases are contained in Chapter 30 of the Administration of Justice Act (retsplejeloven).

As a general rule, the losing party must pay the winning party's costs. However, if special circumstances so require, the court may decide that the losing party need not pay the winning party's costs, or must pay only a proportion of such costs.

Only costs necessary for the proper handling of the case can be awarded.

Experts' fees

The claimant is responsible for paying an expert's fee if he or she has requested the expert's opinion on a specific matter.

When a case has ended, the court decides whether or not the defendant should pay the costs of the expert. This depends on the outcome of the case.

Translators' and interpreters' fees

The general rule is that in civil cases interpreting fees are to be paid by the litigants.
In criminal cases, interpreting fees are paid by the Treasury.

Relevant documents

Report by Denmark on the transparency of court costs Danmarks rapport om undersøgelsen af åbenheden om sagsomkostninger

Family law - Divorce

Family law – custody of the children

Family law – alimony

Commercial law – contract

Commercial law – responsibility

Regulatory framework governing fees of legal professions

Lawyers

Germany has a single profession of ‘lawyer’ [Rechtsanwalt] and does not distinguish between lawyers, solicitors, barristers or advocates.

In Germany, lawyers’ fees are charged either in accordance with the Lawyers’ Remuneration Act [Rechtsanwaltsvergütungsgesetz] (RVG) or on the basis of fee agreements. In principle, fee agreements are always possible as an alternative to the statutory charges. However, the provisions of § 49b of the Federal Lawyers Code [Bundesrechtsanwaltsordnung] (BRAO)] and §§ 3a to 4b of the Lawyers’ Remuneration Act must be respected. In particular, if the lawyer represents the client in court, the agreed fees cannot be less than those laid down by law. Remuneration higher than that prescribed by law may be agreed at any time.

The remuneration schedule attached to the RVG (Annex 1 to the RVG) prescribes either fixed fees or fee ranges applicable to individual activities. The fee level is normally determined by reference to the value of the claim. The ranges of fees based on claim value stipulate the maximum and minimum fee rate payable. The actual fee levels based on claim value are set out in the fees table (Annex 2 to the RVG). In each case, the appropriate fee from the prescribed range must be determined ex aequo et bono, taking into account all the circumstances, in particular the scope and difficulty of the work involved, the importance of the case and the client’s income and financial circumstances. If the lawyer incurs a particular risk of liability, this may also be taken into consideration in the assessment of his or her fees. Fee ranges with statutory maximum and minimum amounts apply in a number of special fields, notably criminal cases and matters of social law.

Bailiffs

Bailiffs [Gerichtsvollzieher] only charge the costs stipulated in the Bailiffs’ Costs Act [Gerichtsvollzieherkostengesetz] (GvKostG)]. A set fee is prescribed for each individual activity carried out by the bailiff.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

Usually, the court receives a court fee, calculated according to the value of the claim. In civil cases it is determined by the Court Costs Act [Gerichtskostengesetz] (GKG] and the Court Costs (Family Matters) Act [Gesetz über Gerichtskosten in Familiensachen] (FamGKG). The fee rates are set out in the schedule of costs (Annex 1 to the relevant Act). The fees are set out by claim value in the table of fees (Annex 2 to the relevant act). For general civil proceedings and those concerning family conflict, in particular for maintenance‑related matters, the fee rate is 3.0. For marital matters it is 2.0 and for matters relating to children, including parental custody and access, the fee rate is 0.5. The value of the proceedings is determined as follows:

• For marital matters, the value of the proceedings is determined at the court's discretion on the basis of the specific circumstances of each individual case, in particular the scale and importance of the matter, and the relative income and wealth of the spouses. Income is calculated on the basis of three times the net income of both spouses. Usually, the court fixes the value of the proceedings at three times the net income.
• For matters concerning family conflict, the value usually depends on the value of the claim. For maintenance matters, the value is based on the future maintenance payments claimed, at most the amount for one year. Arrears incurred up until the application was filed are included in the calculation.
• For matters relating to children, including parental custody and access, the fee rate is EUR 3 000.

If no agreement is reached, the fees for court representation by a lawyer are calculated on the basis of the value of the claim. The value of the claim usually corresponds to the value of the proceedings which is set in order to determine the court fees. The Lawyers’ Remuneration Act [Rechtsanwaltsvergütungsgesetz] (RVG) sets out precisely which fees can be calculated at which rate for which type of procedure. Annex 2 to the RVG sets out the fees by claim value. For the first instance of civil matters, lawyers usually receive a court fee of 1.3 times the rate and a consultation fee of 1.2 times the rate. For a settlement agreement at first instance, lawyers also receive a settlement fee at a rate of 1.0.

Stage of civil proceedings at which fixed costs must be paid

For general civil matters, maintenance matters and marital matters, the court fees are paid when the action is brought or the application is filed. For family matters, they are due at the end of the proceedings. Providing nothing else has been agreed, lawyers are remunerated for services rendered on completion of their brief. However, they have the statutory right to an advance.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

In criminal cases, court costs are not levied until the sentence has been handed down. The level of the fee is determined by reference to the penalty imposed, and ranges between EUR 120 and EUR 900. If no fee agreement has been concluded, the lawyer, whether as defence counsel or as representative of a co-prosecutor, receives fees for particular milestones defined in a framework which the law requires to be drawn up for this purpose in each case. The amount of each milestone is prescribed by law for each case.

Stage of criminal proceedings at which fixed costs must be paid

The court costs are due after sentencing. Providing nothing else has been agreed, lawyers are remunerated for services rendered at the end of their mandate. However, they have the statutory right to an advance.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

There are no court costs for proceedings before the Federal Constitutional Court [Bundesverfassungsgericht], with the exception of vexatious actions (§ 34 of the Federal Constitutional Court Act [Bundesverfassungsgerichtsgesetzes]). A lawyer must be retained only if there is a hearing (§ 22 of the Federal Constitutional Court Act).

Stage of constitutional proceedings at which fixed costs must be paid

Unless otherwise agreed, the lawyer’s remuneration is in principle payable on completion of his or her brief. However, lawyers do have a statutory right to an advance.

Prior information to be provided by legal representatives

Rights and obligations of the parties

Lawyers are obliged to give clients full information and advice, and must propose to their clients the safest and least hazardous means of achieving the desired objective. Lawyers must also point out any risks involved in the matter, so that clients are in a position to make an informed decision. The extent of the information to be provided depends on the lawyers’ perception of what the client needs to know. Lawyers must answer their clients’ questions fully and truthfully. Before a case proceeds to court, lawyers must make clear the prospects and risks involved in pursuing litigation. This includes the cost risks as well as the prospects for success.

Lawyers have special obligations to provide information in certain cases:

• If their fees are based on claim value, lawyers are obliged to draw attention to this fact before being instructed to act (§ 49b (5) of the Federal Lawyers Code).
• If an agreement is entered into concerning their remuneration, lawyers must point out that, if costs are awarded, only the statutory fees will be reimbursed (§ 3a (1), sentence 3, of the Lawyers’ Remuneration Act).
• If lawyers agree with a client that they will be paid a contingency fee, they must draw the client’s attention to the fact that the agreement has no effect on any other costs that the client might have to pay (§ 4a (3), sentence 2, of the Lawyers’ Remuneration Act).
• Before concluding an agreement to represent a client in proceedings at first instance before a labour court, lawyers must draw the client’s attention to the fact their costs are not refundable (§ 12a (1), sentence 2, of the Labour Courts Act [Arbeitsgerichtsgesetz]).

How costs are fixed – Legal basis

Where can I find information on cost legislation in Germany?

The texts of the laws relating to costs can be obtained from bookshops or are available in their latest versions, free of charge, on the Internet.

In which languages can I obtain information on cost legislation in Germany?

The information is in German.

Where can I find additional information about costs?

On-line information about costs

The latest versions of laws are accessible from the official website of the Federal Ministry of Justice. The various laws on costs can be downloaded by entering the relevant abbreviation (GKG, FamGKG, GvKostG and RVG).

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

The Federal Statistical Office [Statistisches Bundesamt] produces an annual series of statistical publications on the administration of justice. Series 10, subseries 2.1, for example, contains data on the length of civil proceedings throughout Germany, broken down by individual Land and higher regional court [Oberlandesgericht] district. Separate data is provided for local courts [Amtsgerichte] and regional courts [Landgerichte], on the one hand, and higher regional courts, on the other, as well as for proceedings at first and second instance. The series does not contain statistics on the length of time taken by the proceedings in different types of case.

Where can I find information on the average total cost of a particular type of procedure?

There are books that give details of the average cost risk for civil proceedings.

Value Added Tax

Where can I find information on Value Added Tax? What are the rates?

Courts and court bailiffs are not subject to VAT. Lawyers must charge VAT at 19%. It is charged separately as an expense and is not included in their fees.

Legal aid

Applicable income threshold in the area of civil justice

Legal aid is available upon application to anyone who, owing to their personal and financial circumstances, cannot cover the costs of the proceedings or can cover them only partially or in instalments. The intended legal action or defence must afford a reasonable chance of success and must not appear frivolous. However, litigants must use their own resources insofar as this is reasonable. Depending on their income, a party can be awarded legal aid that is not to be paid back or to be paid back in instalments. The Federal Ministry of Justice [Bundesministerium der Justiz] (BMJ) has produced a leaflet entitled Legal Advice and Legal Aid [Beratungshilfe und Prozesskostenhilfe], which answers the most frequently asked questions using examples.

Applicable income threshold for defendants in criminal proceedings

Income limits are not applicable to suspects or defendants in criminal proceedings. Legal aid is awarded in accordance with other criteria.

Applicable income threshold for victims in criminal proceedings

Legal aid is awarded subject to income thresholds. These are flexible and are determined according to the anticipated costs of the case and the social situation of the claimant (maintenance obligations, housing costs). Legal aid can also be awarded with an obligation to pay it back in instalments.

Other conditions attached to the granting of legal aid for victims of criminal offences

Victims of certain serious crimes can apply to have a legal advisor assigned to them free of charge, regardless of their financial circumstances.

Other conditions attached to the granting of legal aid for defendants

Legal aid for suspects/defendants (assignment of court-appointed defence counsel) is not subject to income limits but to legal conditions. These relate primarily to the seriousness of the offence, the threat of certain legal consequences (such as being banned from practising a profession or being confined to a psychiatric or neurological hospital), whether the defendant is on remand in custody or is the subject of protective custody proceedings, whether the previous defence counsel has been suspended, the complexity of the factual and legal situation, or whether the defendant is able to defend him or herself.

Cost-free court proceedings

Under § 183 of the Social Courts Act [Sozialgerichtsgesetz] (SGG), proceedings before social courts [Sozialgerichte] involve no costs for persons entitled to benefit (i.e. insured persons, persons on benefit including those in receipt of survivor’s benefit, disabled persons and their successors, provided that they are involved in their respective capacities in court proceedings as claimants or defendants). Claimants and defendants in proceedings before social courts who do not fall within categories cited in § 183 SGG must pay a fee in accordance with § 184 of the SGG (EUR 150 for proceedings before the social courts, EUR 225 for proceedings before the regional social courts [Landessozialgerichte], EUR 300 for proceedings before the Federal Social Court [Bundessozialgericht]). § 197a of the SGG provides for derogation from these special rules whereby the costs customarily payable under the Court Costs Act are also applicable in proceedings before the social courts, if neither the claimant nor the defendant in a case are among the persons mentioned in § 183 of the SGG.

The following arrangements apply in criminal proceedings: if the defendant is acquitted, or the case fails to proceed to trial, or the proceedings against the defendant are terminated, the costs (public expenditure) and expenses necessarily incurred by the defendant are in principle payable from the public purse.

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

The losing party must pay the other party’s costs insofar as they were necessary for the proper prosecution of the litigation; that is to say, the lawyer’s statutory fees and expenses and the other party’s travel costs, including any loss of earnings incurred through attendance at court.

Experts' fees

Experts called by the court receive a fee based on an hourly rate, that is fixed by law in the Judicial Remuneration and Compensation Act [Justizvergütungs- und –entschädigungsgesetz] (JVEG) and is paid by the parties to the proceedings.

The costs of an expert privately engaged by a party to prepare for litigation do not form part of the procedural costs the reimbursement of which is fixed in the judgment. These costs must therefore be claimed separately. If the party has engaged an expert to provide advice during litigation, reimbursement depends on the necessity of this in the case in question. The costs of an expert engaged by the court to give evidence are paid by the losing party or, if the parties have been only partially successful, both parties must pay their share of the costs on the basis of the relative extent to which they have won and lost.

Translators' and interpreters' fees

Interpreters and translators called by the court receive a fee that is also fixed by the Judicial Remuneration and Compensation Act [Justizvergütungs- und –entschädigungsgesetz] (JVEG) and is paid by the parties to the proceedings. Interpreters are paid an hourly rate and translators are paid by the line.

In criminal proceedings, interpretation and translation costs for defendants or interested parties, provided that they are necessary for the defence or for the exercise of procedural rights, are normally paid from the public purse.

Related Links

Federal Ministry of Justice

Mediation Team of the German Lawyers’ Association

Federal Family Mediation Association

Federal Mediation Association

Federal Association for Mediation in the World of Business and Work

CFM

Private banking ombudsman

Public banking ombudsman

Conciliation Board of the German Central Bank

Ombudsman of the German Co-operative Banking Group

Private building societies ombudswoman

Regional building societies’ ombudsman

Online Conciliation Service for Internet Trade Disputes

Advisory committees and conciliation boards of the chambers of physicians

Mobility Conciliation Board

Tourist Conciliation Board

North Rhine Westphalia Local Transport Conciliation Board

Private Health and Care Insurance Ombudsman

Conciliation Board of the Federal German Funeral Directors’ Association

Conciliation Board of the Federal Networks Agency

Real Estate Ombudsman in the German Real Estate Association

Arbitration boards of the Chambers of Trade and Guilds

Consensus Board for Fees and Awards

Central German Motor Trade Association

Latest versions of laws

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 1 - family law - divorce - Germany

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.

Costs in Germany

Costs for Court and Appeals

Costs for lawyers

Costs for witness compensation and pledge or security

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 2 - family law - custody of the children - Germany

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 authorised 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 Germany

Costs for Court, Appeals and Alternative Dispute Resolution

Costs for lawyer, bailiff and expert

Costs for witness compensation

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 3 - family law - alimony - Germany

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.

Costs in Germany

Costs for Court and Appeals

Costs for lawyer, bailiff and expert

Costs for witness compensation

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 4 - commercial law - contract - Germany

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 20.000 euros. 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 20.000 euros 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.

Costs in Germany

Costs for Court and Appeals

Costs for lawyer, bailiff and expert

Costs for witness compensation

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Case study 5 - commercial law - responsibility - Germany

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.

Costs in Germany

Costs for Court and Appeals

Costs for lawyer, bailiff and expert

Costs for witness compensation

Costs for legal aid and other reimbursement

Costs for translation and interpretation

Regulatory framework governing fees for legal professions

Lawyers

Lawyers’ fees are laid down in Article 58 et seq. of Law 4194/2013 «Lawyers’ Code» (Government Gazette, Series I, No 208). In accordance with these provisions, a lawyer’s fee is determined freely by means of a written agreement with his/her principal or representative and it covers part of or the entire proceedings or more specific acts of the proceedings or legal tasks of any nature, either judicial or extra-judicial.

If there is no relevant written agreement determining the amount of the fee, that is determined on the basis of the value of the subject-matter of the proceedings (Article 63(1)) and, where the subject-matter of the proceedings cannot be estimated in money, the fee is calculated in accordance with Annex I to the Lawyers’ Code (Article 63(2)), which refers to «ANNEX Ι / Table of Lawyers’ Fees Incurred in Legal Proceedings.

Legal advisers – Legal counsels

Members of these professions are not distinguished from lawyers.

Bailiffs

Bailiffs’ fees are specifically determined. Bailiffs’ fees are determined under Article 50 of Law 2318/1995 «Bailiffs’ Code» (Government Gazette, Series I, No 126), as amended by Article 2 of Law 4336/2015. In accordance with these provisions, bailiffs’ fees are laid down in a joint decision of the Ministers for Finance and for Justice. The decision currently in force is Decision No 21798 of 11 March 2016 (Government Gazette, Series II, No 709/2016). The fees may, however, be increased by agreement, depending on the complexity of the task.

Notaries

Notaries’ fees are laid down in special provisions; more specifically, in Article 40 of Law 2830/2000.

Fixed costs

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

Lawyers’ fees in criminal cases are laid down in the Lawyers’ Code (Article 58 et seq.).

Stage of the criminal proceedings where fixed costs must be paid

Lawyers agree with their clients on when their fees will be paid. Generally, these fees are paid in instalments as proceedings progress.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

Legal professionals’ fees are regulated as described above for administrative disputes as well.

Stage of the constitutional proceedings where fixed costs for litigants must be paid

Lawyers agree with their clients on when their fees will be paid. Generally, these fees are paid in instalments as proceedings progress.

Information to be provided by legal counsels in advance

Rights and obligations of the parties

The code of conduct for lawyers contains specific obligations as to how lawyers must perform their duties towards their clients. Any violation of those obligations constitutes a disciplinary offence. Fees are not explicitly mentioned among those obligations.

Sources of information on costs

Where can I find information on the determination of costs in Greece?

Information on lawyers’ fees may be found in the Lawyers’ Code or obtained from bar associations.

Information on notaries’ fees may be obtained from the Department for matters relating to Legal Professionals - Bailiffs - Notary Offices - Land Registries and Cadastral Offices (Tmima Dikigorikou Leitourgimatos - Dikastikon Epimeliton - Symvolaiografeion - Ypothikofilakeion kai Ktimatologikon Grafeion) of the Ministry of Justice or from notaries’ associations (Symvolaiografiki Syllogoi) (legal persons governed by public law).

In what languages can I obtain information on the determination of costs in Greece?

Information on the determination of costs is available only in Greek.

Where can I obtain information on mediation/conciliation?

Please see the information that has been provided on the relevant page of the Portal, in particular with regard to mediation in Greece.

Where can I find additional information on costs?

Available website with information on costs

There is no website with such information.

Where can I find information on the average duration of various proceedings?

There is no such information for Greece.

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

There is no information on aggregate costs for proceedings in Greece.

Value Added Tax

How is this information provided?

Lawyers’ services are subject to VAT. Relevant information may be obtained from the competent Taxation Department (Τmima Forologias) of the Ministry of Finance and from bar associations.

What are the applicable rates?

24%.

Legal aid

Applicable income threshold for legal aid in civil cases

Under Article 194 of the Code of Civil Procedure, legal aid is granted to persons who prove their inability to pay the costs of legal proceedings without jeopardising their or their families’ subsistence.

Under the conditions laid down in that Article, legal aid may also be granted to foreign nationals and to stateless persons.

Under Law 3226/2004, legal aid is provided to citizens with low income in civil cases (if their annual family income is not more than two thirds of the minimum annual income established in the national general collective labour contract).

Legal aid includes the costs of proceedings, notaries’ and bailiffs’ fees and lawyers’ fees (Article 199 of the Code of Civil Procedure).

Applicable income threshold for legal aid to defendants in criminal cases

Under Article 340 of the Code of Criminal Procedure, a defendant without legal counsel is assigned a lawyer from the relevant list of the local bar association.

Under Law 3226/2004, legal aid is provided to citizens with low income in criminal cases, as per above.

Applicable income threshold for legal aid to victims in criminal cases

The provisions of Law 3226/2004 allow for legal aid to be granted to low-income citizens of EU Member States, as well as to low-income third-country nationals and stateless persons, provided that they have their legal or habitual residence in the EU.

Other conditions for granting legal aid to victims

Legal aid is granted to low-income citizens of EU Member States, as well as to low-income third-country nationals and stateless persons, provided that they have their legal or habitual residence in the EU. There is no provision for other conditions.

Other conditions for granting legal aid to defendants

None.

Court proceedings free of charge

None.

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

Once a court issues a decision, the legal costs and expenses incurred by the winning party generally become payable by the losing party, depending on the extent of each party’s victory or loss. The court must also make this part of the decision enforceable. Expenses and costs are calculated according to the above rules, with particular consideration for provisions on legal professionals’ fees and possible fixed costs for litigants in civil proceedings. The calculated amount is generally less than the actual costs.

Experts’ fees

Experts set their own fees, which, if requested, are included in the legal costs awarded by the court.

Translators’ and interpreters’ fees

Translators and interpreters set their own fees, which are included, if so requested, in the legal costs awarded by the court.

Related links

Plenary of Greek Bar Associations

Athens Bar Association

Piraeus Bar Association

Thessaloniki Bar Association

Coordinating Committee of the Chambers of Notaries of Greece

Chamber of Notaries of the Thessaloniki Court of Appeal

Coordinating Committee of the Chambers of Notaries of Greece

Greek Bailiffs’ Federation

Related documents

Greece’s Report for the Study on the Transparency of Costs (849 Kb)

Regulative framework governing fees of legal professions

Solicitors

The basis on which fees are payable to solicitors may be categorised in terms of contentious business (i.e. advice and representation in respect of litigation before a court, tribunal or arbitrator) and non-contentious business. Insofar as contentious business is concerned, costs may be further categorised as solicitor and client costs (i.e. costs payable by the party to his or her solicitor) and party and party costs (i.e. costs which are awarded to one party to proceedings against another party to those proceedings).

Contentious business

Principal primary legislation*

• Attorneys’ and Solicitors’ Act 1849;
• Attorneys’ and Solicitors’ Act 1870;
• Section 68, Solicitors’ (Amendment) Act 1994;
• Section 94, Courts of Justice Act 1924;
• Section 78, Courts of Justice Act 1936;
• Par. 8, Eighth Schedule, Courts (Supplemental Provisions) Act 1961;
• Section 17, Courts Act 1981;
• Section 14, Courts Act 1991;
• Section 68, the Solicitors’ (Amendment) Act 1994;
• Sections 27 and 46, Courts and Court Officers Act 1995.

Principal secondary legislation*

• Order 22 rule 4, 6 and 14(3); Order 27 rule 1A, Order 99 and Appendix W, Rules of the Superior Courts;
• Order 15, rules 14, 15 and 21 and Order 66, Circuit Court Rules;
• Orders 51 and 52 and Schedule E, District Court Rules;

Case law

• Decisions of the courts interpreting the legislation concerned

Non-contentious business

Principal primary legislation*

Solicitors’ Remuneration Act 1881.

Principal secondary legislation*:

• Solicitors’ Remuneration General Order 1884;
• Solicitors’ Remuneration General Order 1960;
• Solicitors’ Remuneration General Order 1964;
• Solicitors’ Remuneration General Order 1970;
• Solicitors’ Remuneration General Order 1972;
• Solicitors’ Remuneration General Order 1978;
• Solicitors’ Remuneration General Order 1982;
• Solicitors’ Remuneration General Order 1984;
• Solicitors’ Remuneration General Order 1986;
• Rules 210 and 239, Land Registration Rules, 1972.

Case law

• Decisions of the courts interpreting the legislation concerned

* References to legislation are to the Act, Order or Rules concerned as amended. Post 1922 legislation may be viewed from the Irish Statute Book online and from the website of the Houses of the Oireachtas.

Lawyers

“Lawyers” describes collectively the two categories of lawyer within the Irish legal system, viz. solicitors and barristers.

Barristers

Barristers fees are treated as a disbursement by the solicitor to whom they are invoiced, and as such are regarded as a disbursement by the solicitor and are regulated by the legislation governing solicitors’ fees and decisions of the courts concerning the allowance to be made for counsels’ fees: see, in particular section 27, Courts and Court Officers Act 1995 and Kelly v. Breen [1978] I.L.R.M. 63; State (Gallagher Shatter & Co.) v. de Valera [1991] 2 I.R. 198; in Superquinn v. Bray U.D.C. (No. 2) [2001] 1 I.R. 459

Bailiffs

The fees of the sheriff, court messenger and bailiffs for execution of execution orders of the court are regulated by the Sheriff's Fees and Expenses Order, 2005 and include provision for fees chargeable on lodgement of the execution order and poundage, expenses of travelling, removal and storage /safekeeping of goods or livestock seized.

Advocates

There is no separate category of lawyer known as “advocate” in the Irish legal system.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

With the exception of the items set out in Order 27 rule 1A(3) and rule 9 (costs payable by a party lodging a pleading after other party has brought application for judgment in default of lodgement of that pleading) and Appendix W, Rules of the Superior Courts and Schedule E, District Court Rules, costs items are generally discretionary.

Costs payable also include disbursements such as court fees, which are fixed by the Fees orders of the Supreme and High Court, Circuit Court and District Court, respectively.

Please find further information on court fee rates.

Stage of the civil proceeding where fixed costs must be paid

In the cases of Order 27 rule 1A(3) and rule 9 (costs payable by a party lodging a pleading after other party has brought application for judgment in default of lodgement of that pleading) , the costs are payable on striking out of the application for judgment in default of the pleading concerned.

The costs items set out in Appendix W, Rules of the Superior Courts, are recoverable:

• by the solicitor from the client on receipt of the bill of costs one month after receipt of the bill if the client has not within that time sought taxation (assessment) of the bill (section 2, Attorneys’ and Solicitors’ Act 1849). However, the client has in any event a period of twelve months from receipt of the bill within which to demand and obtain taxation. After the expiry of twelve months or after payment of the amount of the bill, the Court may, if the special circumstances of the case appear to require it, refer the bill to taxation, provided the application to Court is made within twelve calendar months after payment;
• where one party is awarded costs against another party, on the issue of a certificate of taxation of the costs or in accordance with any agreement reached between the parties for payment.

The costs items set out in Schedule E, District Court Rules, are payable:

• where judgment in default of defence is given, by the party in default on the issue of the judgment in default
• in the case of other costs, by the party against whom the court has awarded costs , on the issuing by the court of the decree for such costs.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

There are no fixed costs in criminal proceedings. No court fees are charged in criminal proceedings.

(The District Court, in summary criminal proceedings, may make an order for costs against a party except the Director of Public Prosecutions or a prosecuting police officer. The Circuit Court and Central Criminal Court (the courts having jurisdiction to try on indictment) have a discretion to award costs:

• in the case of an acquittal (which award is appealable to the Court of criminal Appeal);
• where an indictment contains unnecessary matter, or is unnecessarily lengthy, or materially defective,
• where a trial is postponed due to amendment of an indictment; or
• where a separate trial on a count in an indictment is directed).

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

Jurisdiction in constitutional proceedings is confined to the High Court and Supreme Court. No special costs or fees regime applies to such proceedings. The fixed costs allowable in such proceedings are those provided for in Appendix W, Rules of the Superior Courts. Court fees payable are those fixed by the Supreme and High Court (Fees) Order.

Please find further information on court fee rates.

Stage of the constitutional proceeding where fixed costs must be paid

Court fees are generally payable on lodgement of the document concerned.

Prior information to be provided by legal representatives

Rights and obligations of the parties

Section 68, Solicitors’ (Amendment) Act 1994 provides:

1. “68.—(1) On the taking of instructions to provide legal services to a client, or as soon as is practicable thereafter, a solicitor shall provide the client with particulars in writing of:
   1. the actual charges, or
   2. where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or
   3. where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made, by that solicitor or his firm for the provision of such legal services and, where those legal services involve contentious business, with particulars in writing of the circumstances in which the client may be required to pay costs to any other party or parties and the circumstances, if any, in which the client's liability to meet the charges which will be made by the solicitor of that client for those services will not be fully discharged by the amount, if any, of the costs recovered in the contentious business from any other party or parties (or any insurers of such party or parties).
2. A solicitor shall not act for a client in connection with any contentious business (not being in connection with proceedings seeking only to recover a debt or liquidated demand) on the basis that all or any part of the charges to the client are to be calculated as a specified percentage or proportion of any damages or other moneys that may be or may become payable to the client, and any charges made in contravention of this subsection shall be unenforceable in any action taken against that client to recover such charges.
3. A solicitor shall not deduct or appropriate any amount in respect of all or any part of his charges from the amount of any damages or other moneys that become payable to a client of that solicitor arising out of any contentious business carried out on behalf of that client by that solicitor.
4. Subsection (3) of this section shall not operate to prevent a solicitor from agreeing with a client at any time that an amount on account of charges shall be paid to him out of any damages or other moneys that may be or may become payable to that client arising out of any contentious business carried out on behalf of that client by that solicitor or his firm.
5. Any agreement under subsection (4) of this section shall not be enforceable against a client of a solicitor unless such agreement is in writing and includes an estimate (as near as may be) of what the solicitor reasonably believes might be recoverable from any other party or parties (or any insurers of such party or parties) in respect of that solicitor's charges in the event of that client recovering any damages or other moneys arising out of such contentious business.
6. Notwithstanding any other legal provision to that effect a solicitor shall show on a bill of costs to be furnished to the client, as soon as practicable after the conclusion of any contentious business carried out by him on behalf of that client—
   1. a summary of the legal services provided to the client in connection with such contentious business,
   2. the total amount of damages or other moneys recovered by the client arising out of such contentious business, and
   3. details of all or any part of the charges which have been recovered by that solicitor on behalf of that client from any other party or parties (or any insurers of such party or parties),
   4. and that bill of costs shall show separately the amounts in respect of fees, outlays, disbursements and expenses incurred or arising in connection with the provision of such legal services
7. Nothing in this section shall prevent any person from exercising any existing right in law to require a solicitor to submit a bill of costs for taxation, whether on a party and party basis or on a solicitor and own client basis, or shall limit the rights of any person or the Society under section 9 of this Act.
8. Where a solicitor has issued a bill of costs to a client in respect of the provision of legal services and the client disputes the amount (or any part thereof) of that bill of costs, the solicitor shall—
   1. take all appropriate steps to resolve the matter by agreement with the client, and
   2. inform the client in writing of -

i) the client's right to require the solicitor to submit the bill of costs or any part thereof to a Taxing Master of the High Court for taxation on a solicitor and own client basis, and

ii) the client's right to make a complaint to the Society under section 9 of this Act that he has been issued with a bill of costs that he claims to be excessive.

1. In this section "charges" includes fees, outlays, disbursements and expenses.
2. The provisions of this section shall apply notwithstanding the provisions of the Attorneys and Solicitors (Ireland) Act, 1849 and the Attorneys and Solicitors Act, 1870.”

Par. 12.6 of the Code of Conduct of the General Council of the Bar of Ireland provides:

“12.6 On the taking of instructions to provide legal services, or as soon as practicable thereafter, a barrister shall on request, provide to an instructing solicitor, or the client in the case of access under the Direct Professional Access Scheme, with particulars in writing confirming:

1. the actual charges, or
2. where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or
3. where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made,

The format of any such particulars shall be at the discretion of each barrister.”

Costs sources

Where can I find information on cost sources in Ireland?

Please find the information on the website of the Taxing Master’s Office together with downloadable literature.

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

Information on cost sources in Ireland is available in English.

Where can I find information on mediation?

• Section 7(1) of the Judicial Separation and Family Law Reform Act, 1989 provides that, where an application is made to the court for a decree of judicial separation, the court shall give consideration to the possibility of a reconciliation between the spouses concerned, and, accordingly, may adjourn the proceedings at any time for the purpose of affording the spouses an opportunity, if they both so wish, to consider a reconciliation between themselves with or without the assistance of a third party.
• Section 7(3) makes provision for the court to adjourn proceedings to afford the spouses an opportunity, if they both so wish, to establish agreement, with or without the assistance of a third party, on the terms, so far as possible, of the separation.
• Subsections (1) and (3) of section 8 of the Family Law (Divorce) Act 1996 contain similar provisions in respect of divorce proceedings.
• Sections 15 and 16, Civil Liability and Courts Act 2004, provide for a mediation procedure in respect of personal injuries litigation.
• Order 63A rule 6(1)(xiii) and Order 63B rule 6(1)(xiii) enable a judge of the Commercial List and a judge in competition proceedings in the High Court, respectively, on the application of any of the parties or of his/her own motion, that the proceedings or any issue therein be adjourned for such time, not exceeding twenty-eight days, as the judge considers appropriate to allow the parties time to consider whether such proceedings or issue ought to be referred to a process of mediation, conciliation or arbitration, and where the parties decide so to refer the proceedings or issue, to extend the time for compliance by any party with any provision of then rules of court or any order of the court.

For further information on mediation please consult the website of the Family Support Agency.

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

Please find further information in the Courts Service Annual Reports.

Value Added Tax

How is this information provided? What are the applicable rates?

Please refer to the website of the Irish Tax and Customs service.

Legal aid

Applicable income threshold in the area of civil justice

The disposable income threshold in civil cases is €18,000, after giving fixed allowances in respect of dependants, accommodation, tax and social insurance payments.

Please find further information on the website of the Department of Justice, Equality and Law Reform and the website of the Legal Aid Board.

Applicable income threshold in the area of criminal justice for defendants

The Criminal Legal Aid Scheme which is administered by the Department of Justice, Equality and Law Reform provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. There is no set income threshold. An accused person is entitled to be informed by the court in which he/she is appearing of his/her possible right to legal aid. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of his/her defence or appeal. The courts, through the judiciary, are responsible for the granting of legal aid. An application for legal aid may be made to the court either

1. in person or
2. by the applicant's legal representative or
3. by letter to the Court Registrar.

An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid him/herself. This is purely a discretionary matter for each court and is not governed by any financial eligibility guidelines. The court must also be satisfied that by reason of the 'gravity of the charge' or 'exceptional circumstances' it is essential in the interests of justice that the applicant should have legal aid. However, where the charge is one of murder or where an appeal is one from the Court of Criminal Appeal to the Supreme Court, free legal aid is granted merely on the grounds of insufficient means.

An applicant for free legal aid may be required by the court to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid. Such an offence carries a penalty of a fine or imprisonment or both.

Applicable income threshold in the area of criminal justice for victims

There is no disposable income threshold in relation to complainants in certain sexual violence cases who apply for legal aid from the Legal Aid Board in criminal cases where the prior sexual history of the complainant is to be raised in court by the defence.

Other conditions attached to the granting of legal aid for victims

Legal aid is automatically granted in respect of complainants in certain sexual violence cases. Any other victim must meet the same criteria as the general population.

Other conditions attached to the granting of legal aid for defendants

There are no other conditions and no specific arrangements for minors.

Cost-free court proceedings

There are exemptions to the payment of court fees in some circumstances including family law proceedings and certain cases relating to minors. For full details of the circumstances where court fees are not payable see fees orders and exemptions on the Courts Service website.

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

The award of costs is at the discretion of the courts. The exercise of that discretion has to be carried out in accordance with certain well established rules and principles derived from case law of the courts. For example, the primary rule is that costs follow the event, i.e., the losing party pays the winning party's costs. This is however subject to exceptions which will depend upon the circumstances of the case. For example the winning party may not get all of his costs if he has been considered by the court to have delayed or unnecessarily prolonged the proceedings or while winning the case may have lost on certain discrete issues within the case. In certain cases such as cases involving constitutional issues and raising matters in the public interest the losing party may obtain some or all of his costs.

Expert's fees

In the case of civil legal aid, the Board establishes a scale of fees that it uses for various categories of experts. In addition, the Board retains discretion to use a special fee where the particular requirements of a case necessitate a particular or specialised expert to be engaged. In such cases, the fee is negotiated individually with the expert having regard to the work involved, the level of expertise required and the value of the case to the legally aided person.

In criminal cases where a legal aid certificate has been granted the Criminal Legal Aid Scheme extends to appropriate and reasonable expenses incurred by the defence solicitor including fees for expert witnesses.

Translators' and interpreters' fees

In civil litigation generally, the fees of translators or interpreters are a matter to be fixed in the first instance between the translators/interpreters and the party to the litigation concerned. However, where that parties costs fall to be paid by another party by a decision of the court the fees paid to a translator/interpreter are subject to taxation (assessment) by the taxing master (i.e. legal costs assessor).

In any case involving civil legal aid, the Board undertakes a tender competition and selects from among the organisations that tender.

In criminal cases where a legal aid certificate has been granted the Criminal Legal Aid Scheme extends to appropriate and reasonable expenses incurred by the defence solicitor including fees for translation or interpretation.

Related Attachments

Ireland's report of the Study on Transparency of costs(400 Kb)

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Costs of proceedings - Greece

This page offers information about the costs of justice in Greece.

Regulatory framework governing the fees of legal professions

Lawyers

Lawyers' fees are generally regulated by Articles 91 to 180 of Legislative Decree 3026/1954 as amended by Law 3919/2011. Accordingly, lawyers may now agree on fees with clients in writing, with no legally set minimum or maximum fee.

In the absence of a written agreement, a legally established system of fees (for appearing in court and based on the amount at issue) determines court costs, lawyers' fees for legal aid, etc.

Barristers – Advocates – Solicitors

Members of these professions are not distinguished from lawyers.

Bailiffs

Bailiffs' fees are specifically determined. They may, however, be increased by agreement, depending on the complexity of the task. Under Article 50 of Law 2318/1995, bailiffs’ fees are laid down in a Joint Decision by the Minister for Finance and the Minister for Justice. The Decision currently in force is No 2/54638/2008 (B 1716 as amended by B 1916).

Notaries

Notaries' fees are laid down specifically in Article 40 of Law 2830/2000.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

In family litigation cases, lawyers’ fees are regulated as described above.

For litigation cases on which a monetary value may be placed (e.g. commercial disputes), lawyers’ fees are regulated as described above.

For the drafting of private or public documents, lawyers' fees are agreed as described above.

Stage of the civil proceeding where fixed costs must be paid

Lawyers agree with their clients on when their fees will be paid. Generally, these fees are paid in instalments as proceedings progress.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

Legal professionals' fees are regulated as described above.

Stage of the criminal proceeding where fixed costs must be paid

Legal professionals' fees are regulated as described above.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

Legal professionals' fees are regulated as described above for administrative disputes as well.

Stage of the constitutional proceeding where fixed costs for litigants must be paid

Legal professionals' fees are regulated in the same way here as for civil proceedings.

Prior information to be provided by legal representatives

Rights and obligations of the parties

The code of conduct for lawyers contains specific obligations as to how lawyers must deal with their clients. Any violation of those obligations constitutes a disciplinary offence. Fees are not explicitly mentioned among those obligations.

Cost sources

Where can I find information on cost sources in Greece?

Information on lawyers' fees may be found in the Lawyers' Code or obtained from bar associations.

Information on notaries' fees may be obtained from the Department of Notarial Services (Τμήμα Συμβολαιογράφων) of the Ministry of Justice or from notaries' associations (Συμβολαιογραφικοί Σύλλογοι) (governed by public law).

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

Information on cost sources is available only in Greek.

Where can I find information on mediation?

See specific information provided on mediation in Greece.

Where can I find additional information on costs?

Available website with information on costs

There is no website with such information.

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

There is no such information for Greece.

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

There is no information on aggregate costs for proceedings in Greece.

Value Added Tax

How is this information provided?

Lawyers' fees are subject to VAT. Relevant information may be obtained from the Taxation Department (Τμήμα Φορολογίας) of the Ministry of Finance and from bar associations.

What are the applicable rates?

23%.

Legal aid

Applicable income threshold for legal aid in civil cases

Under Article 194 of the Code of Civil Procedure, legal aid is granted to persons who prove their inability to pay the costs of legal proceedings without jeopardising their or their families' subsistence.

Legal aid is also granted to foreign nationals, subject to reciprocity, and to stateless persons.

Under Law 3226/2004, legal aid is provided to citizens with low income in civil cases (if their annual family income is not more than 2/3 of the minimum annual income established in the national general collective labour contract).

Legal aid includes the costs of proceedings, notaries' and bailiffs' fees and lawyers' fees (Article 199 of the Code of Civil Procedure).

Applicable income threshold for legal aid to defendants in criminal cases

Under Article 340 of the Code of Penal Procedure, a defendant without legal counsel is assigned a lawyer from the relevant list of the local bar association.

Under Law 3226/2004, legal aid is provided to citizens with low income in criminal cases, as above.

Applicable income threshold for legal aid to victims in criminal cases

Council Directive 2004/80/EC of 29 April 2004 on compensation for crime victims has been transposed into Greek law by Law 3811/2009..

Other conditions for granting legal aid to victims

Compensation for lawyers, notaries and bailiffs providing legal aid services is determined by Ministerial Decision (Art. 14 of Law 3226/2004).

Legal Aid in criminal cases includes appointment of a lawyer.

Legal Aid in civil cases includes partial or complete exemption from trial expenses.

Other conditions for granting legal aid to defendants

None

Court proceedings free of charge

None

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

Once a court issues a decision, the legal costs and expenses incurred by the winning party generally become payable by the losing party, depending on the extent of each party's victory or loss. The court must also make this part of the decision enforceable. Expenses and costs are calculated according to the above rules, with particular consideration for provisions on legal professionals’ fees and possible fixed costs for litigants in civil proceedings. The calculated amount is generally less than actual costs.

Experts’ fees

Experts set their own fees, which, if requested, are included in the legal costs awarded by the court.

Translators' and interpreters' fees

Translators and interpreters set their own fees, which, if requested, are included in the legal costs awarded by the court.

Related links

Athens Bar Association

Piraeus Bar Association

Thessaloniki Notary Association

Hellenic Notary Association

Thessaloniki Bar Association

Related documents

Greek Country Report for the Study on the Transparency of Costs(849 Kb)

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Costs of proceedings - Spain

This page gives information on the cost of proceedings in Spain. For a more in-depth analysis on the costs of proceedings, please consult the following case studies:

FAMILY LAW-DIVORCE

FAMILY LAW-CUSTODY

FAMILY LAW-MAINTENANCE

COMMERCIAL LAW-CONTRACTS

COMMERCIAL LAW-LIABILITY

Regulatory framework governing fees of legal professionals

Lawyers

In Spain there is only one category of lawyer (abogado) who, after becoming a member of the professional association of the place, can appear in any type of proceedings and before any type of court.

Lawyers set their fees according to guidelines published by their professional association. These rules are based on general criteria for drawing up lawyers’ bills, such as the complexity of the case, proportionality, etc., and are followed by all lawyers when issuing their bills.

These rules always distinguish between the separate court systems in which litigation takes place.

Fixed fees

Fixed fees in civil proceedings

Fixed fees for litigants in civil proceedings

Article 241(1)(1) of the Code of Civil Procedure (Ley de Enjuiciamiento Civil) specifically covers lawyers’ fees for cases where the assistance of a lawyer is mandatory. These fees are included as an item in calculating costs.

The Code of Civil Procedure provides for lawyers to set their fees subject to the rules governing their profession.

Stage of the civil proceedings at which fixed fees must be paid:

A client is always required to pay fees to his or her lawyer. The client has a rough idea of the sum involved from the outset but the exact amount of the lawyer’s bill has to be established once litigation has ended. The lawyer can claim payment from the client, including through special procedures such as an advance on fees (provisión de fondos, while the proceedings last) or a final statement of accounts (jura de cuentas, once concluded).

In practice, what usually happens is that the client initially pays an amount in advance and then awaits a decision on costs. In cases where the other party has to pay the fees, the lawyer and legal representative present their fees to the court, and once the fees are approved they are paid by the opposing party.

Since Law 10/2012 came into force, a court fee must be paid.

What is a court fee?

It is a national tax that must be paid in certain cases by users, whether natural or legal persons, for going to court and making use of the public service of the administration of justice. The Ministry of Finance and Public Administration is legally responsible for managing this tax. The requirement to pay this fee was introduced on 1 April 2003 and it is currently governed by Law 10/2012 of 20 November 2012, as amended by Royal Decree 3/2013 of 22 February 2013 concerning certain fees in the context of the administration of justice and the National Institute of Toxicology and Forensic Science.

Cases in which payment of this fee is mandatory (chargeable event)

Under Article 1 of Law 10/2012, the fee for the exercise of judicial power in civil, administrative (contencioso-administrativo) and employment cases is a national fee that is uniformly chargeable throughout Spain in the circumstances provided for by that Law, without prejudice to the fees and other taxes charged by the Autonomous Communities in the exercise of their respective financial powers. These may not be levied on the same chargeable event.

Under Article 2, the chargeable event for the fee is the exercise of judicial power generated by the following procedural steps:

• Bringing of an action in any type of proceedings for a full judgment and proceedings for the enforcement of out-of-court enforceable instruments in civil cases, the filing of a counterclaim and the initial application for the order for payment procedure and the European order for payment procedure.
• Filing for compulsory insolvency and ancillary claims in bankruptcy proceedings.
• Lodging of proceedings in administrative court cases.
• Lodging of an extraordinary appeal for breach of procedure in civil proceedings.
• Lodging of appeals (apelación or casación) in civil and administrative court cases.
• Lodging of appeals (suplicación or casación) in employment cases.
• Objection to the enforcement of judicial instruments.

Who is required to pay the court fee?

Article 3 states that anyone who instigates the exercise of judicial power that produces the chargeable event is liable for payment of the fee.

For the purposes of the preceding paragraph, a single chargeable event is deemed to have occurred when the document instituting the procedural step that constitutes the chargeable event covers several main actions that do not originate from the same instrument. In this case, the amount of the fee is calculated by adding together the amounts for each of the joined actions.

The fee can be paid by the legal representative (procurador) 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 with a view to self-assessment. Neither the legal representative nor the lawyer bears tax liability for this payment.

Exemptions:

• Exemptions for categories of action:
  • Bringing of an action and lodging of subsequent appeals relating to cases of capacity, filiation, matrimony and minors covered by Title I of Book IV of the Code of Civil Procedure. However, proceedings covered by Chapter IV of the above Title and Book of the Code of the Civil Procedure that are not initiated by common consent or by one of the parties with the agreement of the other, even when minors are involved (unless the measures requested only concern minors) are liable for payment of the fee.
  • Bringing of an action and lodging of subsequent appeals involving proceedings specifically set up to protect fundamental rights and public freedoms, and also appeals against the conduct of the election administration.
  • Filing for voluntary insolvency by the debtor.
  • Lodging of administrative proceedings by public servants in defence of their statutory rights.
  • Lodging of the initial application for the order for payment procedure and the request for a full judgment to claim the amount involved where it does not exceed €2 000. This exemption does not apply when the claim in these procedures is based on a document that takes the form of an out-of-court enforceable instrument pursuant to Article 517 of the Code of Civil Procedure (Law 1/2000 of 7 January 2000).
  • Lodging of administrative court proceedings challenging the administration's failure to respond or lack of action.
  • Bringing of an action for the enforcement of awards decided by the Consumer Arbitration Boards.
  • Actions which, subject to authorisation by a Commercial Court, are brought by the insolvency administrators in the interest of the insolvency estate.
  • Proceedings for judicial division of estates, except in cases where an objection is raised or there is dispute over the inclusion or exclusion of assets. The fee is payable for the hearing and for the amount disputed or that arising from a challenge to the distribution of the estate by an opponent. If both parties object, each is charged for their respective amount.

• Exemptions for categories of persons:
  • Persons who are entitled to legal aid and can demonstrate that they meet the statutory requirements.
  • The Public Prosecutor’s Office.
  • The General Administration of the State and of the Autonomous Communities, the local authorities and all public bodies under their authority.
  • The Spanish Parliament and the Legislative Assemblies of the Autonomous Communities.

Lastly, in the area of employment law, workers, whether they are employees or self-employed, are entitled to an exemption of 60% of the amount of the fee chargeable for filing appeals. In administrative cases, public officials acting in defence of their statutory rights are entitled to a 60% exemption of the amount of the fee chargeable for filing appeals.

Fixed fees in criminal proceedings

Fixed fees for litigants in criminal proceedings

This is governed by the Code of Civil Procedure.

Anyone charged with a punishable offence or who has been subject to arrest or any other precautionary measure or is to be brought to trial may exercise the right of defence, acting in the proceedings, whatever they may be, as soon as he or she is advised of their existence, and accordingly will be informed of this right.

In order to exercise this right, the parties concerned must be represented by a legal representative (procurador) and defended by a lawyer (abogado), who are appointed by the court where the parties concerned have not appointed any themselves and make a request to that effect, and in any case where the parties have no legal competence to do this.

All those who are party to a case and whose right to legal aid has not been recognised will be required to pay the fees of the legal representatives who represent them, those of the lawyers who defend them, those of the experts who advise at their request and the compensation for witnesses who may appear in court, where experts and witnesses, at the time of testifying, have filed their claim and the court accepts it.

They will not be required to pay the other costs of proceedings either during the case or after it has finished, unless they are ordered to do so by the court.

Any legal representative appointed by the parties in a case and who agrees to represent them will be required to pay the fees to the lawyers whom the clients have appointed for their defence.

Parties entitled to legal aid may also appoint a lawyer and legal representative of their choice. However, in this case, the parties will be required to pay them their fees, as in the case of parties who are not entitled to legal aid, unless the freely appointed legal professionals waive their fees as provided for in Article 27 of the Law on Legal Aid (Ley de Asistencia Jurídica Gratuita).

Stage of the criminal proceedings at which fixed fees must be paid

The client is always required to pay the bills that are issued once the proceedings have ended. There is no advance payment of money when court-appointed lawyers are used because legal aid is normally processed at the same time.

It should be noted that court-appointed lawyers are very widely used. So, if the client is entitled to legal aid, he or she does not have to pay the lawyer’s fees and the State will pay the bill unless the client’s financial situation improves within a period of three years (usually they do not pay anything).

Information which must be provided by legal representatives

Rights and obligations of the parties

As the representative of the party, the legal representative (procurador) has a duty to inform the client of all the procedural steps.

Both the lawyer and the legal representative have a duty to inform the client as often as the the client so requests.

Costs

Where can I find information on costs in Spain?

There is no specific internet page where information can be found on costs of legal proceedings in Spain. Nevertheless, there are web pages, such as those of the bar associations, which provide information on the fees of their members.

In which languages can information on costs in Spain be obtained?

The information is usually provided in Castilian Spanish. It is also possible to find information in the official languages of the Autonomous Communities.

Some pages also provide certain information in English.

Where can I find information on mediation?

Please refer to the factsheets 'Mediation in Member States — Spain' and 'Find a mediator — Spain'.

Value Added Tax

How is this information provided?

The Spanish Tax Agency provides this information on itsWeb page.

Which rates are applicable?

The Spanish Tax Agency provides this information on itsWeb page.

Legal Aid

What is it?

Pursuant to Article 119 of the Spanish Constitution, legal aid is a procedure whereby those who can demonstrate a lack of sufficient financial means are granted a series of benefits mainly consisting of exemption from payment of lawyers’ and legal representatives’ fees and costs arising from expert testimonies, guarantees, etc.

Broadly speaking, the right to legal aid includes the following benefits:

• free advice and guidance prior to the start of proceedings;
• access to a lawyer by the person under arrest or the prisoner;
• free defence and representation by a lawyer and legal representative during the legal proceedings;
• free publication in the course of the proceedings of announcements and edicts that must be published in official gazettes;
• exemption from the payment of deposits for the lodging of appeals;
• free assistance from experts during proceedings;
• free procurement of copies, testimonies, instruments and notarial certificates;
• 80% reduction in fees for certain notarial actions;
• 80% reduction in fees for certain actions carried out in relation to the Land and Commercial Registers.

For cross-border disputes only (after reform of the Legal Aid Law by Law 16/2005 of 18 July 2005, which brought it into line with Directive 2002/8/EC), the following items have been included in the above rights:

1. Interpretation services.
2. Translation of documents.
3. Travel costs where an appearance in person is required.
4. Defence by a lawyer and representation by a legal representative even where unnecessary, if the court requires this in order to guarantee equality of the parties.

Who can request it?

In general, it can be requested by citizens who are involved in or about to initiate any kind of legal proceedings and who lack sufficient financial means to carry out the litigation.

Natural persons are deemed to have insufficient resources when they can provide evidence that all the components of their annual resources and revenue, calculated by family unit, do not exceed twice the Public Index of Income (IPREM) applicable at the time of application.

For legal persons to qualify for legal aid, their taxable base for corporate tax must be lower than the amount which is equivalent to three times the annual calculation for the IPREM.

In any case, other external signs that demonstrate the real financial capacity of the applicant will be taken into account.

There are exceptions for natural persons based on disabilities and/or other family circumstances that allow the above income limits to be exceeded. (Under the terms of the Twenty-Eighth Additional Provision of the General State Budget Act (LPGE) for 2009, the IPREM stood at €7 381.33 per annum in 2009).

Specifically, the following are entitled to legal aid:

1. Spanish citizens, nationals of other Member States of the European Union and any foreigners resident in Spain, where they can demonstrate insufficient means for litigation.
2. Managing bodies and common services of the social security system.
3. The following legal persons, where they can demonstrate insufficient means for litigation:

Non-profit organisations.

Foundations registered in the corresponding administrative register.

1. In employment proceedings: all employees and beneficiaries of the social security system.
2. In criminal proceedings: all citizens, including foreigners, who can demonstrate insufficient means for litigation, even where they do not legally reside in Spain, are entitled to legal aid and defence and representation free of charge.
3. In administrative court proceedings: all foreign citizens who can demonstrate insufficient means for litigation, even where they do not reside legally in Spain, are entitled to legal aid in all proceedings relating to applications for asylum and the Law on Foreign Nationals (including preliminary administrative proceedings).

Further information

Requirements for applying for legal aid

Natural persons:

All the components of the person’s annual resources and revenue, calculated by family unit, must not not exceed twice the Public Index of Income (IPREM) applicable at the time of application.

The Legal Aid Commission may exceptionally decide to grant the right to legal aid where the resources exceed double the IPREM but do not exceed four times the IPREM and, based on the circumstances of the applicant's family, number of children or family members under their charge, state of health, disability, financial obligations, costs arising from the initiation of the proceedings or other circumstances and in any case where the applicant holds the status of relative in the ascending line of a special‑category large family.

The litigant must be defending their own rights and interests.

Legal persons:

The legal person must be a non-profit organisation or foundation registered in the corresponding administrative register.

Its taxable income for corporate tax must be less than the amount equivalent to three times the annual calculation of the IPREM.

With the entry into force of Organic Law 1/2004 of 28 December 2004 on Comprehensive Protective Measures against Gender‑Based Violence (Ley Orgánica 1/2004 de Medidas de Protección Integral contra la Violencia de Género), women who are victims of gender-based violence are granted full legal aid immediately, not only in all legal proceedings but also in administrative court proceedings (police inquiries are therefore included) motivated by gender-based violence, until such time as a judgment is delivered, without being required to apply for legal aid beforehand. This means that the issue of legal aid will never hinder the right to defence and to effective judicial protection, which will be offered to the victim irrespective of whether an application for legal aid has been filed. However, this is on the understanding that such legal aid is given only where the party concerned can demonstrate, a posteriori or during the course of the legal proceedings that the circumstances actually exist for entitlement to legal aid, as required by the general rules contained in the Law on Legal Aid and accompanying Regulations, amended to this effect by the Sixth Final Provision of Organic Law 1/2004.

When does the losing party have to pay the costs of the proceedings?

Articles 394 to 398 of the Code of Civil Procedure cover the order to pay costs in civil proceedings.

In actions for a full judgment, the costs of first instance are payable by a party whose claims have all been dismissed, unless the case raises serious matters de facto or de jure to be clarified.

If claims are granted or dismissed in part, each party pays its costs and half the joint costs, unless there are grounds for imposing them on one of the parties because of reckless litigation.

Where the costs are imposed on the losing party, he or she will be required to pay, for the part corresponding to lawyers and other legal professionals not subject to rates or scales, only a total amount of no more than one third of the sum at issue for each of the litigants that have secured the decision. For these purposes only, claims on which no value can be put will be valued at €18 000, unless the court determines otherwise because of the complexity of the case.

The provisions in the preceding paragraph do not apply if the court declares that the litigant ordered to pay the costs has acted recklessly.

Where the party ordered to pay the costs is entitled to legal aid, he or she will be required to pay the costs occasioned by the defence of the interests of the opposing party only in cases specifically indicated in the Law on Legal Aid.

In no circumstances will costs be imposed on the Public Prosecutor’s Office in proceedings to which it is party.

Experts' fees

Experts used in the proceedings are known as ‘peritos’. A Register of Legal Experts can be found at each High Court.

Article 241(1)(4) of the Code of Civil Procedure covers, as a specific item to be included in calculating costs, the ‘fees of experts and other payments which may have to be paid to persons playing a part in the proceedings’. This refers to costs incurred by persons who, although not a party to the proceedings, have certain expenses as a result of attending the proceedings to provide some service.

Article 243 of the Code of Civil Procedure stipulates that in all proceedings and actions, costs are calculated by the clerk of the court that heard the case or appeal. Any fees corresponding to writs and documents relating to proceedings which are unnecessary, superfluous or not authorised by law, or items in lawyers’ fees which are not listed in detail or which refer to fees that have not been earned in the litigation are not included in the calculation.

The court clerk will reduce the amount of lawyers’ and other legal professionals’ fees not subject to rates or scales if the fees claimed exceed one third of the sum at issue and no recklessness by the litigant ordered to pay the costs has been declared.

The costs of actions or incidental steps for which the winning party has expressly been ordered to pay by the decision on costs in the main proceedings are not included either.

Translators’ and interpreters’ fees

There is no official rate applicable to sworn translation and interpretation services. Sworn interpreters are free to set the fees charged for their interpretation services but they are required to inform the language interpretation office and the corresponding Government Sub‑Delegation of their rates. This information must be provided in January of each year.

Related links

Agencia estatal de la administración tributaria de España/IVA

Related Attachments

Spanish Review on the Study of Transparency of Costs(640 Kb)

Costs in Spain

Costs for court, appeals and alternative dispute resolution

Costs of lawyers, administrators and experts

Costs of witnesses, deposit or guarantee and other costs.

Costs of legal aid and other reimbursements

Costs of interpretation and translation

Costs in Spain

Costs for court, appeals and alternative dispute resolution

Costs of lawyers, bailiffs and experts

Costs of witness compensation, pledges or security and other relevant fees

Costs of legal aid and other reimbursements