Costs in Spain
Costs for courts, appeals and alternative dispute resolution
Case study |
Court |
Appeals |
Alternative dispute resolution |
||||
Initial costs |
General costs |
Other costs |
Initial costs |
General costs |
Other costs |
Is this option open for this type of case? |
|
Case A |
Initial costs: Advances paid to the party’s lawyer (abogado) or legal representative (procurador), and in general payment of fees depending on the type of proceeding and the amount claimed, provided that it exceeds €2 000, unless the party is entitled to legal aid under Law 1/1996 on legal aid. |
These are the general costs of the proceedings. They are payable by a party which has had all its claims dismissed (Art. 394(1) of the Code of Civil Procedure). |
Offers of evidence: - Compensation for witnesses - Expert opinions |
The party lodging an appeal must make a prior deposit, unless entitled to legal aid. |
The same rule applies as at first instance. |
The same rule applies as at first instance. |
The parties may reach agreement on the amount owed without the intervention of a third party, in which case the agreement must be approved by the court, and they may reach a settlement by means of mediation even if the proceeding has begun. |
Case B |
The same as for the previous case |
Idem |
Idem |
Idem |
Idem |
Idem |
Idem |
Costs for lawyers, bailiffs and experts
Case study |
Lawyers |
Bailiffs |
Experts |
|
Is representation compulsory? |
Costs |
Is representation compulsory? |
Is use compulsory? |
|
Case A |
When the amount claimed exceeds €2 000, the parties must be assisted by a lawyer and represented by a legal representative (Art. 31 of the Code of Civil Procedure). |
Vary depending on the amount of the claim and the type of proceedings. |
No representation of the parties. |
The use of experts is advisable (valuation of loss); an expert opinion is paid for by the party requesting it. |
Case B |
The same as in the previous case |
Idem |
Idem |
Idem |
Costs for witness compensation, pledge or security and other relevant fees
Case study |
Compensation for witnesses |
Pledge or security |
||
Are witnesses compensated? |
Costs |
Does this exist and when and how is it used? |
||
Case A |
Witnesses are entitled to obtain compensation from the party calling them for losses caused by their appearance in court (Art. 375(1) Code of Civil Procedure). |
No prior pledge or security has to be lodged. |
||
Case B |
The same as in the previous case |
Idem |
Costs for legal aid and other reimbursements
Case study |
Legal Aid |
Reimbursement |
||
When and under which conditions does it apply? |
When is full aid given? |
Conditions |
Can the winning party obtain reimbursement of the litigation costs? |
|
Case A |
It applies to persons who can prove that they have insufficient finances to institute legal proceedings (for example for a lawyer and legal representative). |
Lack of financial means is said to exist where the individual can demonstrate that his or her resources and income, calculated annually from all sources and per family unit, do not exceed double the Public Index of Income (IPREM) in effect at the time of the application. |
This will depend on the agreement concluded with the lawyer, if any. Generally speaking, a considerable part or indeed all of the lawyer’s fee will be refunded, provided that this does not exceed one third of the amount of the claim. Fees and advance payments to the party’s legal representative and expert’s fees (where applicable) can be reimbursed after assessment of the costs. |
|
Case B |
The same as for the previous case |
Idem |
Idem |
Translation and interpretation costs
Case study |
Translation |
Interpretation |
||
When and under which conditions is it necessary? |
Approximate costs? |
When and under which conditions is it necessary? |
Approximate costs |
|
Case A |
Documents submitted in a language other than Spanish (or, where applicable, the language of the Autonomous Community where the case is being heard) must be accompanied by a translation. The document can be translated privately; if one of the parties challenges that translation on the grounds that it is not accurate, giving reasons for this claim, the Court Clerk will order an official translation to be made of the disputed part of the document at the expense of the party which submitted it. If the official translation is substantially identical to the private translation, the costs must be paid by the party who challenged the translation. |
Variable |
When a person must take part in proceedings to be questioned, to make a statement or to be notified personally of a decision, and he/she does not know Spanish or, where appropriate, the other official language of the Autonomous Community where the case is being heard, any person who speaks the language in question and who has sworn or promised to translate accurately may be appointed as interpreter. |
|
Case B |
Idem |
Idem |
Difficult to determine in advance. |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.