Costs

Njemačka

In this case study on commercial law (liability), Member States were asked to advise the customer on litigation costs in the following situations: Case A – National situation: a heating equipment manufacturer delivers a heating appliance to an installer. The installer sells the appliance to a customer and installs it in the customer’s house. A fire breaks out shortly afterwards. Each of the parties (manufacturer, installer and end customer) is insured. The cause of the fire is disputed. Nobody wants to compensate the customer. The customer decides to sue the heating equipment manufacturer, the installer and the insurance company for damages. Case B – Cross-border situation: a heating equipment manufacturer in Member State B delivers a heating appliance to an installer in Member State C. The installer sells the appliance to a customer and installs it in the customer’s house in Member State A. A fire breaks out shortly afterwards. Each of the parties (manufacturer, installer and end customer) is insured by an insurance company in their own Member State. The cause of the fire is disputed. Nobody wants to compensate the customer. The customer decides to sue the heating equipment manufacturer, the installer and the insurance company in Member State A for damages in that Member State.

Sadržaj omogućio
Njemačka

Costs in Germany

Costs of proceedings at first instance or appeal

Case study

Proceedings at first instance

Appeal


Initial court fees

Initial court fees

Case A

Depends on level of damages claimed

Depends on level of damages claimed

Case B

Depends on level of damages claimed

Depends on level of damages claimed


Lawyer, bailiff and expert fees

Case study

Lawyer

Bailiff

Expert


Is there a requirement for legal representation?

Average costs

Is there a requirement for a bailiff to be involved?

Costs following judgment

Is there a requirement to call an expert?

Costs

Case A

Yes

Depends on amount of claim

No

Depends on type of enforcement measure

Not required by law – it is up to the court to decide whether an expert is necessary

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 125, plus expenses and VAT

Case B

Yes

Depends on amount of claim

No

Depends on type of enforcement measure

See above

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 125, plus expenses and VAT


Cost of covering witnesses’ expenses

Case study

Witnesses’ expenses


Are witnesses entitled to reimbursement of their expenses?

Costs

Case A

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses

Case B

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses


Costs of legal aid and reimbursement of other expenses



Case study

Legal aid

Reimbursement


When and on what conditions can legal aid be awarded?

When is legal aid awarded in full?

What are the conditions?

Can the prevailing party request the award of litigation costs?

What costs are not eligible for reimbursement?

Are there instances where legal aid must be paid back?

Case A

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

Case B

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above


Costs of translation and interpretation

Case study

Translation

Interpretation

Are there other costs relating to cross-border disputes?


When and on what conditions is translation required?

Approximate cost

When and on what conditions is interpretation required?

Approximate cost

Description

Case A






Case B

See case study 4 above

In most cases EUR 1.55 per 55 characters, plus expenses and VAT

See case study 4 above

EUR 70 per hour, plus expenses and VAT

Costs of serving documents abroad

Last update: 05/09/2023

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