Costs

If a citizen envisages going to court or wishes to enforce a court judgment information must be available on the costs of proceedings in the relevant Member State.

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 PDF (2615 Kb) en – English version

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

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

National report - Belgium PDF (829 Kb) en

National report - Bulgaria PDF (566 Kb) en

National report - Czech Republic PDF (703 Kb) en

National report - Denmark PDF (560 Kb) en

National report - Germany PDF (565 Kb) en

National report - Estonia PDF (872 Kb) en

National report - Ireland PDF (400 Kb) en

National report - Greece PDF (849 Kb) en

National report - Spain PDF (640 Kb) en

National report - France PDF (1312 Kb) en

National report - Italy PDF (772 Kb) en

National report - Cyprus PDF (555 Kb) en

National report - Latvia PDF (742 Kb) en

National report - Lithuania PDF (950 Kb) en

National report - Luxembourg PDF (551 Kb) en

National report - Hungary PDF (533 Kb) en

National report - Malta PDF (742 Kb) en

National report - Netherlands PDF (702 Kb) en

National report - Austria PDF (829 Kb) en

National report - Poland PDF (396 Kb) en

National report - Portugal PDF (781 Kb) en

National report - Romania PDF (544 Kb) en

National report - Slovenia PDF (723 Kb) en

National report - Slovakia PDF (872 Kb) en

National report - Finland PDF (504 Kb) en

National report - Sweden PDF (457 Kb) en

National report - United Kingdom PDF (448 Kb) en

Last update: 18/01/2019

This page is maintained by the European Commission. The information on this page does not necessarily reflect the official position of the European Commission. The 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 with regard to copyright rules for European pages.

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:

Link opens in new windowFamily law - Divorce

Link opens in new windowFamily law - Custody of children

Link opens in new windowFamily law - Alimony

Link opens in new windowCommercial law - Contract

Link opens in new windowCommercial 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 Link opens in new windowNational 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 Link opens in new windowportal 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 Link opens in new windowNational 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 Link opens in new windowportal 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 Link opens in new windowFPS Justice and that of the Link opens in new windowCommission 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 Link opens in new windowFPS Justice (heading ‘publications’ (publications)) and that of the Link opens in new windowFederal 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 Link opens in new windowCommission 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 Link opens in new windowportal 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 Link opens in new windowCommission 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 Link opens in new windowportal of the Judiciary of Belgium (heading ‘Législation’ (Legislation)).

Related Links

Link opens in new windowFederal Public Service Justice

Link opens in new windowCommission for Modernisation of the Judiciary

Related Attachments

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

Last update: 20/09/2019

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.

Case study 1 - family law - divorce - Belgium

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.


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)


Case study

Court

Appeal proceedings

Alternative Dispute Resolution (ADR)

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Does this option exist in this type of case?

Fees

Case A

EUR 82

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

no

Case B

EUR 82

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

no



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Cost

Case A

no

around EUR 2500

no

around EUR 250

around EUR 250

no

Case B

no

around EUR 3500

no

around EUR 350

around EUR 350

no



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


Case study

Witness compensation

Pledge or other guarantee

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent  may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.

Case B

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent  may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.



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


Case study

Translation

Interpretation

Other costs relating to transnational disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

Case B

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

costs of order for enforcement

around EUR 100

Last update: 20/09/2019

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.

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

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.

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)


Case study

Court

Appeal proceedings

Alternative Dispute Resolution (ADR)

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Does this option exist in this type of case?

Fees

Case A

EUR 52

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

no

Case B

EUR 52

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

no



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Cost

Case A

no

around EUR 1500

no

EUR 52

around EUR 100

no

Case B

no

around EUR 1000

no

EUR 52

around EUR 100

no



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


Case study

Witness compensation

Pledge or other guarantee

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Case A

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.

Case B

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.



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


Case study

Translation

Interpretation

Other costs relating to transnational disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

Case B

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

costs of order for enforcement

around EUR 100


Last update: 20/09/2019

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.

Case study 3 - family law - alimony - Belgium

In this case study on family law – alimony, Member States were asked to advise the suing party 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.

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)


Case study

Court

Appeal proceedings

Alternative Dispute Resolution (ADR)

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Does this option exist in this type of case?

Fees

Case A

EUR 27

between EUR 7.57 and EUR 34.48 per page

EUR 82

between EUR 7.57 and EUR 34.48 per page

no

Case B

EUR 27

between EUR 7.57 and EUR 34.48 per page

EUR 82

between EUR 7.57 and EUR 34.48 per page

no



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Cost

Case A

no

around EUR 1000

no

around EUR 27

around EUR 60

no

Case B

no

around EUR 1000

no

around EUR 27

around EUR 60

no



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


Case study

Witness compensation

Pledge or other guarantee

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Case A

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.

Case B

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.



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


Case study

Translation

Interpretation

Other costs relating to transnational disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

Case B

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

costs of order for enforcement

around EUR 100


Last update: 20/09/2019

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.

Case study 4 - commercial law - contract - Belgium

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.

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)


Case study

Court

Appeal proceedings

Alternative Dispute Resolution (ADR)

Initial court fees

Transcription fees

Initial court fees

Transcription fees

Does this option exist in this type of case?

Fees

Case A

EUR 82

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

Yes

See the ‘Cost of mediation’ section of the page dealing with Mediation in Belgium

Case B

EUR 52 (European Payment Order)

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

Yes

See the ‘Cost of mediation’ section of the page dealing with Mediation in Belgium



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Case A

no

around EUR 2000

no

around EUR 250

around EUR 250

no

Case B

no

around EUR 2000

no

around EUR 52

around EUR 100

no



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


Case study

Witness compensation

Pledge or other guarantee

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Case A

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.

Case B

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.



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


Case study

Translation

Interpretation

Other costs relating to transnational disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

Case B

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

costs of order for enforcement

around EUR 100


Last update: 20/09/2019

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.

Case study 5 - commercial law - responsibility - Belgium

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.


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)


Case study

Court

Appeal proceedings

Alternative Dispute Resolution (ADR)

Initial court fees

Transcription fees

Initial court fees

Transcription fees

Does this option exist in this type of case?

Fees

Case A

EUR 82

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

yes

See the ‘Cost of mediation’ section of the page dealing with Mediation in Belgium

Case B

EUR 82

between EUR 7.57 and EUR 34.48 per page

EUR 186

between EUR 7.57 and EUR 34.48 per page

yes

See the ‘Cost of mediation’ section of the page dealing with Mediation in Belgium



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Case A

no

around EUR 3000

no

around EUR 500

around EUR 250

no

Case B

no

around EUR 3000

no

around EUR 500

around EUR 250

no



Costs for witness compensation, pledge or other guarantee


Case study

Witness compensation

Pledge or other guarantee

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Case A

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.

Case B

yes

between EUR 15.65 and EUR 48.24

In civil cases, as a general rule, an obligation to provide a security when instituting proceedings may be imposed in the situation provided for in Article 851 of the Judicial Code. This is an exception applying to foreign applicants. A Belgian respondent may request that the foreign applicant or intervening party provide a security. Article 852 specifies the form which the security may take (money, surety, etc.). See fiche on the transparency of costs.



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


Case study

Translation

Interpretation

Other costs relating to transnational disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

Case B

when the documents are necessary for the proceedings

between EUR 7.57 and EUR 34.48 per page

when the respondent does not understand the language of the proceedings

between EUR 31.61 and EUR 54.62 per hour

costs of order for enforcement

around EUR 100


Last update: 20/09/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Bulgaars) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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: Link opens in new windownational legislation, the site of the Link opens in new windowSupreme Bar Council, the site of the Link opens in new windowSupreme Judicial Council and the site of the Link opens in new windowNational 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 Link opens in new windowMinistry 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 Link opens in new windowSupreme 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 Link opens in new windowChild 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 costsPDF(566 Kb)en

Last update: 17/12/2018

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.

Costs of proceedings - Czech Republic

You can find information about the costs of justice in the Czech Republic on this page. For a more in-depth analysis on the costs of proceedings, please consult the following case studies:

Link opens in new windowFamily law - Divorce

Link opens in new windowFamily law – custody of the children and alimony

Link opens in new windowCommercial law – contract

Link opens in new windowCommercial 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 Link opens in new windowRegulation of the Ministry of Justice No. 177/1996 Sb. of 4th 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 Link opens in new windowThe 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 costsPDF(703 Kb)en

Last update: 20/09/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Tsjechisch) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

CZK 1000

Not applicable (N/A)

N/A

CZK 1000

N/A

N/A

Yes (not obligatory)

Contractual (usually CZK 1000 per hour, 3 hours)

Case B

CZK 1000

N/A

N/A

CZK 1000

N/A

N/A

Yes (not obligatory)

Contractual



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No.

Contractual, but according to lawyers tariff CZK 1500 for each stage (usually 5)

No (by post)

-

-

No.

CZK 350K per hour

Case B

No.

Contractual

No (depends on other country involved)

-

-

No.

CZK 350 per hour



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

No.

-

-

-

Case B

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

No.

-

-

-


Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

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

What costs are never reimbursed?

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

Case A

Only NGO

-

-

No.

-

All costs in divorce matters

No.

Case B

See directive on legal aid in cross-border disputes

-

-

No.

-

All costs in divorce matters

No.



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

From CZK 350 per page (depending on language)

-

-

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page (depending on language)

When a party or witness is foreign or does not understand Czech

CZK 350 per hour

-

-


Last update: 20/09/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Tsjechisch) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

CZK 500 – 1000 per hour

Case B

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

CZK 500 – 1000 per hour



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

Usually contractual, depends on number of court sessions

(from CZK 5000)

No

-

-

No

CZK 350 per hour

Case B

No

Usually contractual, according to circumstances

No (depends on other country)

-

-

No

CZK 350 per hour


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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes, in relation to the real cost of their expenses

Differs in each situation

Not in these types of proceedings

-

-

-

Case B

Yes, in relation to the real cost of their expenses

Differs in each situation

Not in these types of proceedings

-

-

-



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

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

What costs are never reimbursed?

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

Case A

Only NGO

-

-

Not in general (only in particular cases where the income of the winning party is very low)

-

There is no court fee, so reimbursement may only relate to the lawyers’ fees.

No

Case B

See directive on legal aid in cross-border disputes

-

-

No

-

-

No


Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

-

-

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

When a party or witness is foreign or does not understand Czech

CZK 350 per hour

-

-


Last update: 20/09/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Tsjechisch) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual (usually 1000 CZK per hour, 3 hours)

Case B

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)

Case B

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

In commercial matters when requesting interim measure.

100,000 CZK

-

-

Case B

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

In commercial matters when requesting interim measure.

100,000 CZK

-

-



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

What costs are never reimbursed?

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

Case A

Only NGO

-

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.

Case B

See directive on legal aid in cross-border disputes

-

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

When a party or witness is foreign or does not understand Czech

CZK 350 per hour


Last update: 20/09/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Tsjechisch) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

4% of the amount (insurance requested)

Not applicable (N/A)

No.

4% of the amount

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual (usually 1000 CZK per hour, 3 hours)

Case B

4% of the amount (insurance requested

Not applicable (N/A)

No.

4% of the amount

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)

Case B

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

If interim measure is requested.

50,000 CZK

-

-

Case B

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

If interim measure is requested

50,000 CZK

-

-



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

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

What costs are never reimbursed?

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

Case A

Centres for consumer protection, other NGOs

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.

Case B

See directive on legal aid in cross-border disputes; also European consumer centre

-

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

When a party or witness is foreign or does not understand Czech

CZK 350 per hour


Last update: 20/09/2019

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.

Costs of proceedings - Denmark

On this page you will find information on court costs in Denmark.

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 Link opens in new windowAdvokatnævnet.

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 Link opens in new windowAdvokatsamfundet and the Danish courts Link opens in new windowDanmarks 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 Link opens in new windowDanmarks Domstole.

Where can I find additional information on costs?

Websites with information on costs

The official website of the Danish Court Administration Link opens in new windowDomstolsstyrelsen 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 Link opens in new windowDanmarks 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

Last update: 27/08/2019

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.

Costs of proceedings - Germany

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

Link opens in new windowFamily law - Divorce

Link opens in new windowFamily law – custody of the children

Link opens in new windowFamily law – alimony

Link opens in new windowCommercial law – contract

Link opens in new windowCommercial 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 Link opens in new windowlatest 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

Link opens in new windowFederal Ministry of Justice

Link opens in new windowMediation Team of the German Lawyers’ Association

Link opens in new windowFederal Family Mediation Association

Link opens in new windowFederal Mediation Association

Link opens in new windowFederal Association for Mediation in the World of Business and Work

Link opens in new windowCFM

Link opens in new windowPrivate banking ombudsman

Link opens in new windowPublic banking ombudsman

Link opens in new windowConciliation Board of the German Central Bank

Link opens in new windowOmbudsman of the German Co-operative Banking Group

Link opens in new windowPrivate building societies ombudswoman

Link opens in new windowRegional building societies’ ombudsman

Link opens in new windowOnline Conciliation Service for Internet Trade Disputes

Link opens in new windowAdvisory committees and conciliation boards of the chambers of physicians

Link opens in new windowMobility Conciliation Board

Link opens in new windowTourist Conciliation Board

Link opens in new windowNorth Rhine Westphalia Local Transport Conciliation Board

Link opens in new windowPrivate Health and Care Insurance Ombudsman

Link opens in new windowConciliation Board of the Federal German Funeral Directors’ Association

Link opens in new windowConciliation Board of the Federal Networks Agency

Link opens in new windowReal Estate Ombudsman in the German Real Estate Association

Link opens in new windowArbitration boards of the Chambers of Trade and Guilds

Link opens in new windowConsensus Board for Fees and Awards

Link opens in new windowCentral German Motor Trade Association

Link opens in new windowLatest versions of laws

Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Duits) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

Depends on income and assets

Depends on income and assets

Case B

Depends on income and assets

Depends on income and assets



Costs for lawyers


Case Study

Lawyer

Average costs

Case A

Depends on income and assets

Case B

Depends on income and assets



Costs for witness compensation and pledge or security


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Does this exist and when and how is it used?

Case A

Yes, but witnesses are not normally required.

No

Case B

Yes, but witnesses are not normally required.

No



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

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

Case A

Depends on income and assets

Yes

Half

If the person’s income and financial circumstances improve and in the case of payment by instalments.

Case B



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Case A

Case B

At the court’s discretion

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

At the court’s discretion

EUR 55 per hour plus expenses and turnover tax

Service of documents abroad


Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Duits) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

EUR 44.50 

Appeal:
EUR 89.00 
Appeal on point of law: EUR
133.50 

Case B

EUR 44.50 

Appeal:
EUR 89.00 
Appeal on point of law: EUR
133.50 



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Expert

Is representation compulsory?

Average costs

Is use compulsory?

Cost

Case A

No

First instance:
EUR 590.00 

At the court’s discretion

EUR 85.00 per hour plus expenses and turnover tax

Case B

No

First instance:
EUR 590.00 

At the court’s discretion

EUR 85.00 per hour plus expenses and turnover tax



Costs for witness compensation


Case

Study

Witness compensation

Are witnesses compensated?

Cost

Case A

Yes

Loss of earnings max. EUR 17 per hour, travel costs and other expenses

Case B

Yes

Loss of earnings max. EUR 17 per hour, travel costs and other expenses



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

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

Case A

Depends on income and assets

Yes

If the person’s income and financial circumstances improve and in the case of payment by instalments.

Case B

Depends on income and assets

Yes

If the person’s income and financial circumstances improve and in the case of payment by instalments.



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

Case B

At the court’s discretion

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

At the court’s discretion

EUR 55 per hour plus expenses and turnover tax

Costs of serving documents abroad


Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Duits) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

Depends on level of maintenance sought

Depends on level of maintenance sought

Case B

Depends on level of maintenance sought

Depends on level of maintenance sought


Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Post-judgment costs

Is use compulsory?

Cost

Case A

Yes

Depends on level of maintenance sought

No

Depends on type of enforcement measure

At the court’s discretion

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax

Case B

Yes

Depends on level of maintenance sought

No

Depends on type of enforcement measure

At the court’s discretion

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax



Costs for witness compensation


Case

Study

Witness compensation

Are witnesses compensated?

Cost

Case A

Yes

Loss of earnings, max. EUR 17 per hour, travel costs and other expenses

Case B

Yes

Loss of earnings, max. EUR 17 per hour, travel costs and other expenses



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

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

Case A

Depends on income and financial situation

Yes

Improvement in the person’s income and financial circumstances and in the case of payment by instalments

Case B

Depends on income and financial situation

Yes

Improvement in the person’s income and financial circumstances and in the case of payment by instalments



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Case A

Case B

At the court’s discretion

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

At the court’s discretion

EUR 55 per hour plus expenses and turnover tax

Service of documents abroad


Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Duits) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

EUR 864.00

Appeal on points of fact and law:
EUR 1 152.00 
Appeal on points of law: EUR 1 440.00 

Case B

EUR 864.00

Appeal on points of fact and law:
EUR 1 152.00 
Appeal on points of law: EUR 1 440.00 



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Post-judgment costs

Is use compulsory?

Cost

Case A

Yes

First instance: EUR
1 950 

No

Depends on type of enforcement measure

No

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax

Case B

Yes

First instance: EUR
1 950

No

No

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax



Costs for witness compensation


Case

Study

Witness compensation

Are witnesses compensated?

Cost

Case A

Yes

Loss of earnings max. EUR 17 per hour, travel costs and other expenses

Case B

Yes

Loss of earnings max. EUR 17 per hour, travel costs and other expenses



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

What costs are never reimbursed?

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

Case A

In principle no legal aid for legal persons outside the EU

General prerequisites:

If the party is not financially secure (i.e. indigent) and the intended action has prospects of success and does not appear vexatious

If not more than EUR 15 remain after deduction of allowances for the indigent party and his/her family members and after deduction of further charges for accommodation etc.

Where this is not the case, full support is likewise applicable but must be repaid by instalments; level of instalments depends on residual income.

1. Application (lawyer not compulsory for application)

2. Proceedings not yet completed

3. See also column 1

Yes, to the extent that s/he has won

Costs that were not essential for the proper prosecution of the action or for the defence

See column 2

Case B

See Case A above

See Case A above

See Case A above

See Case A above

See Case A above

See Case A above



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Case A

Case B

In principle for all written pleadings to the court and all written documents submitted as evidence. The court may refrain from ordering the translation of documents if all the judges hearing the case understand the language

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

The language of the court is German; if all concerned have a good command of the foreign language, an interpreter need not be engaged.

EUR 55 per hour plus expenses and turnover tax

Service of documents abroad


Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Duits) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

Depends on the amount of compensation claimed

Depends on the amount of compensation claimed

Case B

Depends on the amount of compensation claimed

Depends on the amount of compensation claimed



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Post-judgment costs

Is use compulsory?

Cost

Case A

Yes

Depends on the amount of compensation claimed

No

Depends on the type of enforcement measure

Not compulsory by law but depends on whether the court considers it necessary to call in an expert, in which case highly probable in practice.

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax

Case B

Yes

Depends on the amount of compensation claimed

No

Depends on the type of enforcement measure

See above

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax



Costs for witness compensation


Case

Study

Witness compensation

Are witnesses compensated?

Cost

Case A

Yes

Loss of earnings, max. EUR 17 per hour, travel costs and other expenses

Case B

Yes

Loss of earnings, max. EUR 17 per hour, travel costs and other expenses



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

What costs are never reimbursed?

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

Case A

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

Case B

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Case A

Case B

See case study no. 4 above

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

See case study no. 4 above

EUR 55 per hour plus expenses and turnover tax

Service of documents abroad


Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Ests) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

Costs of proceedings - Estonia

This page provides you information on Estonia’s judicial costs.

Regulatory framework governing the fees of legal professions

Legal advisers

The fees of legal advisers are not regulated in Estonia.

Lawyers

Lawyers’ fees are not regulated in Estonia.

Attorneys-at-law

The fees of attorneys-at-law are not regulated in Estonia.

Bailiffs

Bailiffs’ fees are regulated in Estonia by the Link opens in new windowBailiffs Act. A bailiff’s fee may consist of a fee for initiating proceedings, the principal fee for the proceedings and an additional fee for enforcement activities. A bailiff also has the right to charge a fee for the provision of a professional service.

Advocates

Advocates’ fees are not regulated in Estonia but are instead determined in the client agreement. An advocate or the person running a law firm makes the initial price offer to the client and explains how the figure was arrived at. The client reimburses the necessary expenses incurred by the advocate or person running the law firm in providing the legal services.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

The fixed costs incurred by litigants in civil proceedings are:

  • the State fee;
  • security on cassation;
  • security for a petition to set aside a default judgment;
  • security for the reopening of proceedings or to reset the term;
  • the costs of bailiffs serving procedural documents;
  • the costs of publishing summonses or notices in the official publication Ametlikud Teadaanded (Official Announcements) or in a newspaper.
  • remuneration for experts, interpreters and translators;
  • other costs of hearing a case and extra-judicial costs.

Stage of the civil proceedings where fixed costs must be paid

The following costs must be paid in advance by the party applying for proceedings to be initiated or procedural acts to be carried out:

  • the State fee;
  • security on cassation;
  • security for a petition to set aside a default judgment;
  • security for the reopening of proceedings or to reset the term;
  • the costs of bailiffs forwarding procedural documents;
  • the costs of publishing summonses or notices in the official publication Ametlikud Teadaanded (Official Announcements) or in a newspaper.
  • the costs of reviewing a case, to the extent determined by a court.

Unless the court rules otherwise, the fees charged by experts, interpreters and translators are to be paid in advance by the party to the proceedings who submitted the application resulting in the costs.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

The fixed costs for litigants in criminal proceedings are set out in the Link opens in new windowCode of Criminal Procedure and are divided into procedural costs, specific costs and additional costs.

Procedural costs are:

  • reasonable remuneration paid to the chosen counsel or representative and other necessary costs incurred by a party to the proceedings in connection with the criminal proceedings;
  • amounts paid to victims, witnesses, experts and qualified persons under Section 178 of the Code of Criminal Procedure, except the costs referred to in Section 176(1)(1) of the Code;
  • costs incurred by a state forensic institution or any other government body or legal entity in connection with conducting expert assessments or establishing intoxication;
  • remuneration set for an appointed counsel and his or her expenses inasmuch as they are justified and appropriate;
  • costs incurred in making copies of material in the criminal file for a counsel in accordance with Section 224(1) of the Code of Criminal Procedure;
  • costs of storing, sending and destroying evidence;
  • costs relating to the storage, transfer and destruction of confiscated property;
  • costs incurred as a result of securing a civil action;
  • compensation levies accompanying a conviction;
  • other costs incurred by a body conducting criminal proceedings in the course of conducting those proceedings, except costs considered to be specific or additional costs in accordance with the Code of Criminal Procedure.

If a party to proceedings has several counsels or representatives, the remuneration paid to them will be included in the procedural costs inasmuch as it does not exceed a reasonable level of remuneration normally paid to one counsel or representative.

If a suspect or the accused defends himself or herself, the necessary costs of the defence will be included in the procedural costs. Excessive costs which would not have been incurred had a counsel participated will not be included in the procedural costs.

Costs which are incurred by persons who are not parties to the proceedings and which relate to the conduct of expert analyses will be reimbursed in accordance with the conditions and rules set out in the Forensic Examination Act.

Specific costs are costs relating to the postponement of a court hearing because a party to the proceedings fails to appear, and the costs of compulsory attendance.

Additional costs are:

  • the fee paid to a person who is not a party to the proceedings for information concerning facts relating to a subject of proof;
  • costs of keeping a suspect or the accused in custody;
  • amounts paid to interpreters or translators in accordance with Section 178 of the Code of Criminal Procedure;
  • amounts paid in criminal proceedings pursuant to the Compensation for Damage Caused by State to Person by Unjust Deprivation of Liberty Act;
  • costs which have been incurred by state and local government bodies in connection with criminal proceedings and which are not referred to in Section 175(1)(1) or (10) of the Code of Criminal Procedure;
  • amounts paid to representatives of witnesses in accordance with Section 671 of the Code of Criminal Procedure.

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

  • In the event of an acquittal, the procedural costs are reimbursed by the State. In the event of a conviction, the procedural costs are reimbursed by the convicted offender. In the event of a partial acquittal, the costs are reimbursed by the State in line with the extent to which the accused was acquitted. The obligation to reimburse procedural costs arises once the final decision has entered into force.
  • If a civil action is dismissed, the procedural costs relating to securing the civil action are reimbursed by the injured party. If a civil action is satisfied in full, the procedural costs relating to securing the civil action are reimbursed by the convicted offender or the defendant. If a civil action is satisfied in part, the court divides the procedural costs relating to securing the civil action between the injured party and the convicted offender or the defendant, taking all the circumstances into consideration. In the event of refusal to review a civil action, the procedural costs relating to securing the civil action are reimbursed by the State.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

In Estonia individuals are not permitted to make requests for constitutional review. The costs of a review are covered by the State budget. The costs of involving specialists in court proceedings are covered by the State budget on the same conditions as for the payment of experts’ fees in civil proceedings.

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

Litigants do not incur fixed costs in constitutional proceedings.

Prior information to be provided by legal representatives

Rights and obligations of the parties

Advocates are required to notify their clients of the full range of activities relating to the provision of legal services and of all the costs involved. An advocate or the person running a law firm makes the initial price offer to the client and explains how the figure was arrived at.

Costs of participating in proceedings

Costs to be borne by the successful party

The successful party bears the costs of remunerating the legal representative or adviser for those costs considered by the court to be reasonable and not to be borne by the unsuccessful party.

Costs to be borne by the unsuccessful party

According to the ruling on determining procedural costs, the unsuccessful party must reimburse the procedural costs borne by the successful party, which may include:

  • the State fee;
  • security;
  • costs relating to witnesses, experts, interpreters and translators, and the costs of an expert analysis carried out by a person who is not a party to the proceedings and which are to be reimbursed under the Forensic Examination Act;
  • costs of obtaining documentary and physical evidence;
  • inspection costs, including necessary travel expenses incurred by the court;
  • costs of delivering, forwarding and issuing procedural documents;
  • costs of determining the value of the civil case;
  • costs relating to the representatives and advisers of the parties to the proceedings;
  • travel, postal, communications, accommodation and other similar expenses incurred by the parties to the proceedings in connection with the proceedings;
  • earnings or other permanent income not received by the parties to the proceedings;
  • costs of pre-trial proceedings laid down by law, unless the action was filed later than six months after the end of the pre-trial proceedings;
  • the bailiff’s fee for securing an action and the costs of executing a ruling on the securing of an action;
  • the bailiff’s fee for the delivery of procedural documents;
  • costs of processing an application for procedural assistance in bearing procedural costs;
  • costs of the accelerated order for payment procedure;
  • costs of participating in conciliation proceedings if the court has required the parties to participate under Section 4(4) of the Code of Civil Procedure or, if the proceedings are mandatory, pre-trial conciliation proceedings under Section 1(4) of the Conciliation Act.

If, under a court decision on the division of procedural costs, a party to the proceedings is required to bear the costs incurred by another party relating to the legal representative or adviser, the costs to be determined by the court must be justified and not exceed the required level. Costs incurred in hiring several representatives are reimbursed only if they result from the complexity of the case or the need to change representative.

Cost sources

Where can I find information on cost sources in Estonia?

The cost sources are as follows:

  • the Code of Civil Procedure;
  • the Bailiffs Act;
  • the State Fees Act;
  • legal instruments issued on the basis of the Code of Civil Procedure.

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

Information on cost sources is available in Estonian.

English translations of Estonian legal instruments setting out information on costs and their sources are available on the Link opens in new windowRiigi Teataja (State Gazette) website.

Where can I find information on mediation?

The Ministry of Justice is responsible for the implementation of Link opens in new windowDirective 2008/52/EC on certain aspects of mediation in civil and commercial matters. General questions concerning mediation may be sent to the Ministry of Justice’s e-mail address: Link opens in new windowinfo@just.ee.

Conciliation proceedings in civil matters are regulated by the Conciliation Act, which lays down mediators’ rights and obligations and also provides guidelines for implementing and enforcing agreements concluded with the help of a mediator. The following are entitled to conduct conciliation proceedings under the Act:

  • a natural person to whom the parties to the proceedings have entrusted the task of conducting the proceedings;
  • attorneys-at-law;
  • notaries;
  • in the case laid down in the Act, a State or local government conciliation body.

Conciliation proceedings in administrative cases are regulated by the Code of Administrative Court Procedure and in criminal and misdemeanour cases by the Code of Criminal Procedure.

As regards recourse to mediation in family law, the Ministry of Social Affairs is encouraging development of the activities of family mediators. The website of the Link opens in new windowEstonian Association of Mediators contains information in both Estonian and English. Similarly, the Link opens in new windowEstonian Union for Child Welfare — a non-profit association supporting children’s rights — offers advice to parents wishing to separate or divorce and encourages them to use the services of conciliators in order to protect their children’s interests. The Union also organises training in the field of family mediation.

Where can I find additional information on costs?

Website on costs

The costs relating to court proceedings and the amounts involved depend on the duration and nature of the court case. The primary sources of information on costs relating to court proceedings are the codes regulating court proceedings and the State Fees Act. The Ministry of Justice issues and administers the official publication Link opens in new windowRiigi Teataja (State Gazette), which provides access to:

  • Acts and Regulations;
  • Decrees of the President of the Republic;
  • Supreme Court Decisions and international agreements;
  • local government Regulations.

Riigi Teataja contains official consolidated versions of Acts, Government Regulations and Orders, ministerial Regulations, Regulations of the President of Eesti Pank (the Bank of Estonia), National Electoral Committee Regulations, Parliament Decisions, municipal and city council Regulations and municipal and city government Regulations. The legislation and other documents published in Riigi Teataja have been available since 1990.

An analysis of the practice of determining legal costs in civil proceedings has been published on the Link opens in new windowwebsite of the Supreme Court.

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

The Courts Link opens in new windowwebsite gives statistics on proceedings in courts of first and second instance since 1996.

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

•   The State fee to be paid for a particular type of proceeding is laid down in the Link opens in new windowState Fees Act.

•   Bailiffs’ fees are laid down in the Link opens in new windowBailiffs Act.

•   No statistics are available on the average aggregate cost for particular types of proceedings.

Value Added Tax

How is this information provided?

Bailiffs’ fees are also subject to VAT, at a rate of 20 %.

In order to be reimbursed the VAT added to the procedural costs, the declarant must confirm that he or she is not registered for VAT or is unable to recover VAT for any other reason.

What are the applicable rates?

As of 1 July 2009 the VAT rate in Estonia is 20 %.

Legal aid

Applicable income threshold in the area of civil justice

Legal aid is available if the costs of the legal services are more than twice the applicant’s average monthly income, calculated on the basis of the average monthly income for the four months prior to the application being submitted.

Taxes and compulsory insurance payments, costs to meet legal maintenance obligations and reasonable costs relating to housing and transport are deducted from the calculated result.

Other conditions attached to the granting of legal aid for injured parties

The State may grant procedural assistance in accordance with the Code of Civil Procedure. The types of legal aid guaranteed by the State and the conditions and rules for obtaining legal aid of this nature are regulated by the Link opens in new windowState Legal Aid Act.

Legal aid may be granted to a natural person who is resident in or a citizen of Estonia or another Member State of the European Union at the time of submitting his or her application. A person’s residence is determined on the basis of Article 59 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Other natural persons may be granted legal aid only where this right arises from an international agreement.

State legal aid is not granted if:

  • the applicant is able to defend his or her rights himself or herself;
  • the applicant does not have the right which he or she is applying for legal aid to protect;
  • the applicant could bear the costs of the legal services using his or her existing assets which could be sold without any major difficulties;
  • the costs of the legal services are not expected to be more than twice the applicant’s average monthly income, calculated on the basis of the average monthly income for the four months prior to the application being submitted, from which taxes and compulsory insurance payments, costs to meet legal maintenance obligations and reasonable costs relating to housing and transport are deducted;
  • it is clear from the circumstances that there is little chance of the applicant being able to defend his or her rights;
  • the application is made in order to submit a claim for compensation of non-material damage and there is no compelling public interest in the case;
  • the dispute concerns the applicant’s economic activities and has no impact on his or her rights not relating to those economic activities;
  • the application is made to protect a trade mark, a patent, a utility model, an industrial design, integrated circuit topographics or some other form of intellectual property, with the exception of rights arising from the Copyright Act;
  • the applicant has clear common interests with a person who is not entitled to legal aid; in this case there is a risk that the legal aid received could be transferred to the non‑eligible person;
  • the application is made to defend a right transferred to the applicant and there is reason to believe that the right was transferred to the applicant in order to obtain State legal aid;
  • the provision of legal services is guaranteed by a legal expenses insurance contract concluded by the applicant or on the basis of compulsory insurance;
  • the potential gain to the applicant from the case is unreasonably small in comparison with the expected cost to be borne by the State to provide legal aid.

You can read more about State legal aid on the Link opens in new windowwebsite of the Estonian Bar Association.

Other conditions relating to the granting of legal aid for suspects and defendants

The conditions applicable to the granting of legal aid for suspects or defendants are the same as for injured parties.

Cost-free court proceedings

The State Fees Act lays down the circumstances in which exemptions from State fees are possible. In a court case, the following acts are exempt from payment of a State fee:

  • reviewing an appeal or complaint to demand remuneration or a salary, to establish the nullity of the termination of an employment contract, to be reinstated or to change the wording of the basis for release from service;
  • reviewing an appeal claiming maintenance and, in a maintenance claim for children, an application for an accelerated order for payment procedure;
  • reviewing a claim for damages for unlawful conviction, unlawful criminal prosecution, unlawful preventive detention and other unjustified deprivation of liberty, and also reviewing a claim for compensation for damage to property caused by the unlawful imposition of a penalty for a misdemeanour;
  • first issue of court documents relating to a criminal case;
  • carrying out proceedings to place a person in a closed institution;
  • reviewing a claim for the return of assets confiscated or abandoned in conjunction with unlawful repression and for compensation for damage;
  • reviewing a case to prove the length of pensionable service;
  • reviewing a protest in an administrative case;
  • reviewing an application for exemption from the payment of notaries’ fees, and submitting an objection to the court ruling in such a case;
  • reviewing an application for procedural assistance, and submitting an objection to the court ruling in such a case;
  • reviewing an appeal for or a complaint concerning damage caused by bodily injury or another disorder or by the death of the main wage earner;
  • making a copy of up to five pages of procedural documents in an administrative case.

The following are exempt from State fees:

  • submission by a minor of an objection to a court ruling in a case in which an independent right of appeal is conferred on him or her by law;
  • a case brought by an applicant for a pension or support concerning incorrect payment of or failure to pay the pension or support;
  • submission by a natural person of a complaint against a decision of an electoral committee;
  • submission by a guardianship institution of an application for the loss of parental authority or to appoint a guardian for a minor or of any other application submitted in the interests of a child for whom the institution is responsible;
  • submission by the tax authorities of a bankruptcy petition or other petition relating to insolvency proceedings, and in cases brought to determine the amount of tax;
  • submission by a county government of an appeal in accordance with the rules arising from the Land Reform Act for performance of the duties of a mortgagee in a case relating to a mortgage established for the benefit of the State;
  • submission by a bailiff to a court of an application relating to the performance of enforcement proceedings on the basis of the Code of Enforcement Procedure and of an objection to a court ruling relating to enforcement proceedings under Section 599 of the Code of Civil Procedure.

When does the unsuccessful party have to pay the successful party’s costs?

The court adjudicating on a case sets out in the court decision or in the ruling to terminate the proceedings how the procedural costs are to be divided between the parties. The court must indicate which procedural costs or, where necessary, what proportion of the procedural costs are to be borne by each party. If a higher court amends a judgment or passes a new judgment without referring the matter for a new hearing, the court is to amend the division of the procedural costs accordingly, if necessary.

A party to court proceedings is entitled to request the court of first instance that adjudicated on the matter to determine the procedural costs in monetary terms on the basis of the proportional division of the costs set out in the court judgment. It may do so within 30 days of the date on which the court decision on the division of costs enters into force. A list of the procedural costs, which also provides details on the composition of the costs, must be enclosed with the petition. The court may set a deadline by which the party to the proceedings must provide further details concerning the procedural costs to be reimbursed, or may require the party to provide documents evidencing those costs. The court promptly forwards to the opposing party the petition for the determination of the procedural costs together with the list of procedural costs and the supporting documents.

The opposing party may submit objections within the period set by the court following the serving of the petition. The period for replying must not be shorter than seven days. The granting of legal aid does not preclude or limit the obligation on the recipient of the legal aid, under a court judgment, to reimburse the costs incurred by the opposing party. The party against whom the decision is made must bear their procedural costs in full even if the party is exempt from the obligation to pay procedural costs or if they have been granted legal aid to pay those costs.

If an action is resolved, the court orders the defendant to pay a proportion of the procedural costs from which the claimant is exempt or which the claimant may pay in instalments. That amount must be paid into public funds and is in proportion to the part of the action that has been resolved.

Experts’ fees

Unless the court rules otherwise, the costs essential to the proceedings are to be paid, to the extent ordered by the court, by the party who filed the application in conjunction with which the costs are incurred. If both parties submit an application or if the court summons an expert, the costs are split equally between the parties.

Fees are paid to experts on the basis of the performance of their duties. Hourly rates are to be paid within the limits of the minimum and maximum hourly rates laid down in a Government Regulation. The expert’s fee for expert analysis is 10–40 times the minimum hourly rate. When determining the hourly rate to be paid, the court takes account of the following:

  • the expert’s qualifications;
  • the level of complexity of the work;
  • any unavoidable costs incurred when using the necessary means;
  • any special circumstances under which the expert has carried out the required work.

Costs relating to preparing and drawing up the expert’s opinion, including expenses for support staff and for materials and means used for the investigation, and any necessary expenses incurred as a result of the court proceedings, above all on board and lodging, are also to be reimbursed.

The fee to be paid to an expert and the costs incurred by the expert that are to be reimbursed are determined by a ruling of the same court which involved the expert.

Experts are remunerated only on request. If an expert has fulfilled his or her obligation, the court pays the fee due regardless of whether the parties to the proceedings have paid the costs in advance or whether recovery of the costs from the parties has been ordered.

Experts’ fees and expenses relating to the conduct of an expert assessment by a public forensic institution are part of the procedural costs and are reimbursed by the unsuccessful party in the same manner as procedural costs.

Translators’ and interpreters’ fees

Out-of-court interpreters participating in court proceedings are paid an hourly fee for interpretation ranging from 2 to 40 times the minimum national hourly wage. Translators are paid a fee per page of translation, which is up to 20 times the minimum hourly wage.

The fee to be paid to interpreters or translators and the costs to be reimbursed are determined by a ruling of the same court which involved the interpreter or translator.

When determining the hourly rates to be paid, the court takes account of the qualifications of the interpreter or translator, the complexity of the work, any unavoidable costs that have arisen and the particular conditions in which the interpretation or translation was required.

Interpreters and translators are remunerated only on request. The court pays the fee due to the interpreter or translator regardless of whether the parties to the proceedings have paid the costs in advance or whether recovery of the costs from the parties has been ordered.

Interpreters’ and translators’ fees are part of the procedural costs and are reimbursed by the unsuccessful party to the successful party in the same manner as procedural costs.

Last update: 08/08/2018

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.

Costs of proceedings - Ireland

Information about judicial costs in Ireland is available on this page.

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 Link opens in new windowthe Irish Statute Book online and from the website of Link opens in new windowthe 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 Link opens in new windowcourt 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 Link opens in new windowcourt 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 Link opens in new windowTaxing 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 Link opens in new windowFamily Support Agency.

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

Please find further information in the Link opens in new windowCourts Service Annual Reports.

Value Added Tax

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

Please refer to the website of the Link opens in new windowIrish 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 Link opens in new windowDepartment of Justice, Equality and Law Reform and the website of the Link opens in new windowLegal Aid Board.

Applicable income threshold in the area of criminal justice for defendants

The Link opens in new windowCriminal 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

(a) in person or

(b) by the applicant's legal representative or

(c) 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 Link opens in new windowfees 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 costsPDF(400 Kb)en

Last update: 21/11/2018

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.

Let op: de oorspronkelijke versie van deze pagina (Grieks) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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

Link opens in new windowAthens Bar Association

Link opens in new windowPiraeus Bar Association

Link opens in new windowThessaloniki Notary Association

Link opens in new windowHellenic Notary Association

Link opens in new windowThessaloniki Bar Association

Related documents

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

Last update: 25/06/2018

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.

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:

Link opens in new windowFAMILY LAW-DIVORCE

Link opens in new windowFAMILY LAW-CUSTODY

Link opens in new windowFAMILY LAW-MAINTENANCE

Link opens in new windowCOMMERCIAL LAW-CONTRACTS

Link opens in new windowCOMMERCIAL 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 itsLink opens in new windowWeb page.

Which rates are applicable?

The Spanish Tax Agency provides this information on itsLink opens in new windowWeb 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

Link opens in new windowAgencia estatal de la administración tributaria de España/IVA

Related Attachments

Spanish Review on the Study of Transparency of CostsPDF(640 Kb)en

Last update: 08/11/2019

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.

Case study 1 - family law - divorce - Spain

In this case study on family law – divorce, Member States were asked to advise parties 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) 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. Soon afterwards the couple separates. The wife returns to Member State A while the husband remains in Member State B. The couple agree to divorce. Upon her return to Member State A, the wife immediately files for a divorce before the courts of Member State B.

Costs in Spain

Costs for court, 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 available for this type of case?

Costs

Case A

Initial costs.- Deposits to lawyer and legal representative, unless the party is entitled to legal aid under Law 1/1996 on legal aid.

Divorce by mutual consent is one of the cases exempted from the requirement to pay a court fee. In contested divorce proceedings a fee is payable unless the measures requested only concern minors.

These are the general costs of proceedings. These are payable by the party whose claims have all been dismissed (the principle that the losing party bears the costs), unless the case raises serious matters de facto or de jure to be clarified (Article 394(1) of the Civil Procedure Law). If the request is granted or dismissed in part, each party must pay their own costs and half the joint costs.

The principle that the losing party bears the costs (Article 394.2 of the Civil Procedure Law) applies in contested divorce cases.

Experts' fees and expenses incurred in obtaining copies, attestations, notarial instruments and deeds or extracts from public registers.

The same as at first instance.

The same rule applies as at first instance.

The same rule applies as at first instance.

In Spain there is provision for mediation in family law cases, but the Autonomous Communities have jurisdiction in this matter.

In principle, the Autonomous Communities have made provision for mediation free of charge.

Case B

Initial costs.- Deposits to lawyer and legal representative, unless the party is entitled to legal aid under Law 1/1996 on legal aid).

Divorce by mutual consent is one of the cases exempted from the requirement to pay a court fee. In contested divorce proceedings a fee is payable unless the measures requested only concern minors.

These are the general costs of proceedings In contested divorce proceedings, these are payable by the party whose claims have all been dismissed (Article 394(1) of the Civil Procedure Law).

Offers of evidence, drafting of the agreement governing the termination of the marriage.

Applicants must make a prior deposit, unless they are entitled to legal aid.

The same rule applies as at first instance.

The same rule applies as at first instance.

In Spain there is provision for mediation in family law cases, but the Autonomous Communities have jurisdiction in this matter.

Those paid to the professionals used in the process [Translator's note: missing text at end]

Costs of lawyers, administrators and experts

Case study

Lawyers

Administrators.

Experts

Is representation compulsory?

Costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Costs

Case A

They must be assisted by a lawyer and represented by a legal representative (Article 750 of the Civil Procedure Law)

An advance must be paid on fees for a lawyer and legal representative. In contested divorce proceedings post-judgment costs in respect of the losing party.

Does not represent the parties

None

None

Owing to the nature of this procedure, they are not generally used.

None

Case B

They must be assisted by a lawyer and represented by a legal representative (Article 75 of the Civil Procedure Law)

An advance must be paid on fees for a lawyer and legal representative. In contested divorce proceedings post-judgment costs in respect of the losing party.

Does not represent the parties

None

None

Owing to the nature of this procedure, they are not generally used.

None

Costs of witnesses, deposit or guarantee and other costs.

Case study

Witness compensation

Deposit

Other costs

Are witnesses compensated?

Costs

Does this exist? When and how is it used?

Costs

Description

Costs

Case A

Witnesses are entitled to claim for loss or harm incurred in attending hearings from the party that has called them (Article 375(1) of the Civil Procedure Law)

Part of these is included in the costs paid

No prior deposit is required

None

Extracts from civil status records, marriage certificates or certificates proving the existence of children, where relevant for their claim to entitlement (Article 777(2) of the Civil Procedure Law)

As applicable

Case B

Witnesses are entitled to claim compensation from the party that has called them for any losses incurred as a result of attending hearings (Article 375(1) of the Civil Procedure Law)

Part of these is included in the costs

No prior deposit is required

None

Extracts from civil status records, marriage certificates or certificates proving the existence of children, where relevant for their claim to entitlement (Article 777(2) of the Civil Procedure Law)

As applicable

Costs of legal aid and other reimbursements

Case study

Legal aid

Reimbursements

When and under what conditions is it applicable?

When is the support total?

Conditions:

Can the winning party obtain reimbursement of litigation costs?

Case A

To those who can provide evidence of insufficient financial resources for litigation (including fees of legal representative)

Parties will be 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 Income Indicator with Multiple Effects (IPREM) applicable at the time of application.

This depends on the agreement, if any, reached with their lawyer.

Case B

To those who can provide evidence of insufficient financial resources for litigation (including fees of legal representative)

Parties will be 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 Income Indicator with Multiple Effects (IPREM) applicable at the time of application.

This depends on the agreement, if any, reached with their lawyer.

Costs of interpretation and translation

Case study

Translation

Interpretation

When and under what conditions is it applicable?

What are the approximate costs?

When and under what conditions is it necessary?

What are the approximate costs?

Case A

Case B

All the foreign public or private documents necessary under the legal conditions established

(translated by officially recognised sworn translator)

Translators set their own rates.

Interpreters for the proceedings, as necessary.

Interpreters set their own rates.

Last update: 08/11/2019

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.

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

In this case study on family law — custody of children — Member States were asked to advise the plaintiff on litigation costs in the following situations:

Case A – National situation: Two people have lived together for a number of years without being married. They have a three-year-old child when they separate. A court decision gives custody of the child to the mother and visiting rights to the father. The mother sues to limit the father's visiting rights.

Case B – Transnational case, where you are a lawyer in Member State A: Two people have lived together without being married in a Member State (Member State B) for a number of years. They have a child together, but they separate immediately after the birth of the child. A decision by a court in Member State B gives custody of the child to the mother and visiting rights to the father. The mother and child move to live in another Member State (Member State A), which they are authorised to do by the court decision, and the father remains in Member State B. Some years later, the mother sues in Member State A to modify the father's visiting rights.

Costs in Spain

Costs for court, appeals and alternative dispute resolution

Case study

Court

Appeals

Alternative dispute resolution

Initial costs

General costs

Initial costs

Is this option open for this type of case?

Case A

Initial costs: Advances paid to the lawyer (abogado) and the legal representative (procurador), unless the party is entitled to legal aid under Law 1/1996 on legal aid.

If the proceeding only concerns guardianship and custody of the minor, no fee is payable (Article 4(1) of Law 10/2012).

These are the general costs of the proceedings, payable by a party which has had all its claims dismissed (Article 394(1) of the Code of Civil Procedure) after assessment of the costs.

The party lodging an appeal must make a prior deposit, unless entitled to legal aid (15th additional provision of the Organic Law on the Judiciary - LOPJ).

If the proceeding only concerns guardianship and custody of the minor, no fee is payable (Article 4(1) of Law 10/2012).

The parties may agree on other visiting arrangements. This should be done through an agreement which must be notified by the Public Prosecutor and approved by a judicial authority.

The parties may, by mutual agreement, ask for the proceedings to be stayed and avail themselves of mediation in accordance with Law 5/212 of 6 July 2012.

Information on the mediation services is available on the justice administration portal. In-court mediation is provided by courts free of charge.

Case B

The same as for the previous case.

Idem

Idem

Idem

Costs of lawyers, bailiffs and experts

Case study

Lawyers

Bailiffs

Experts

Is representation compulsory?

Costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Case A

The parties must be assisted by a lawyer and represented by a legal representative (Article 750 of the Code of Civil Procedure).

In cases of mutual agreement, the parties may use a single lawyer and legal representative.

An advance must be paid on fees for a lawyer and legal representative. In contentious proceedings, the losing party may ultimately have to pay the costs.

No representation of the parties.

None

None

The use of certain specialists (psychologists) may be necessary.

The party proposing the specialist pays, unless the court's psycho-social experts are used.

Case B

The same as for the previous case.

Idem

Idem

Idem

Idem

Idem

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

Case study

Witness compensation

Pledge or security

Other costs

Are witnesses compensated?

Costs

Does this exist? When and how is it used?

Costs

Description

Case A

Witnesses are entitled to claim for losses incurred in attending hearings from the party that has called them (Article 375(1) of the Code of Civil Procedure).

Part of the cost is included in the payment of costs.

No prior pledge or security is required.

None

Certificates from civil status records, such as birth of children (currently free of charge) or other documents relevant to their claim to entitlement.

Case B

Idem

Idem

Idem

Idem

Idem

Costs of legal aid and other reimbursements

Case study

Legal aid

Reimbursements

When and under what conditions is it applicable?

Conditions:

Can the winning party obtain reimbursement of litigation costs?

Are there occasions when legal aid expenses are reimbursed to the organisation providing the legal aid?

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. If no such agreement has been reached, the costs are payable by a party which has had all its claims dismissed (Article 394(1) of the Code of Civil Procedure), subject to certain exceptions.

The reimbursable costs are the lawyer's fees, provided they do not exceed one third of the amount of the claim, the fees of the legal representative, and any other fees, which can be reimbursed after assessment of the costs.

Case B

The same as for the previous case.

Idem

Idem

Idem

Costs of interpretation and translation

Case study

Translation

Interpretation

When and under what conditions is it necessary?

What are the approximate costs?

When and under what conditions is it necessary?

What are the approximate costs?

Case B

All foreign public or private documents that may be required under conditions laid down by law (translation by an officially recognised sworn translator).

Interpreters' fees are variable.

Interpreters for the proceedings where this proves necessary. Interpreters are necessary when a person who does not speak the language has to be questioned, to make a statement or to be notified of a court decision. No fee is payable if the interpreter is requested by the court itself. Any person who speaks the language in question and who has sworn or promised to translate accurately may be appointed as interpreter.

In other cases, interpreters' fees are variable.

Last update: 08/11/2019

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.

Case study 3 - family law - alimony - Spain

In this case study on family law – maintenance allowances – Member States were asked to advise the plaintiff on the legal costs in the following situations:

Case A – National situation: Two people have lived together unmarried for a number of years. They have a three‑year‑old child when they separate. A court gives custody of the child to the mother. The only outstanding dispute relates to the amount of the child maintenance owed to the mother by the father for the support and education of the child. The mother sues the father.

Case B – Transnational situation, where you are a lawyer in Member State A: Two people have lived together unmarried in Member State B. They have a three-year-old child. They separate. A court in Member State B gives custody of the child to the mother. With the agreement of the father, the mother and child move to Member State A, where they establish their residence.

A dispute remains outstanding. This relates to the amount of the child maintenance owed to the mother by the father for the support and education of the child. The mother sues the father in Member State A.

Costs in Spain

Costs for court, 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?

Costs

Case A

Initial costs: Advances paid to the party’s lawyer (abogado) and legal representative (procurador), unless the party is entitled to legal aid under Law 1/1996 on legal aid.

These are the general costs of the proceedings. In a contested divorce the general costs are payable by a party which has had all its claims dismissed (Art. 394(1) of the Code of Civil Procedure).

In family law, the usual practice is not to award costs for the proceedings but to split the costs, with each party paying only his or her own costs. However, in some cases a party whose claims have been dismissed may be required to pay the costs.

If only some of the claims submitted are successful, each party must pay only his/her own costs.

If the case concerns only the payment of maintenance for a child, no costs are charged (Art. 4(1) Law 10/2012).

Offers of evidence, drafting of separation settlement. If expert evidence is requested, the expert must be paid. In cases of mutual agreement, payment for the drafting of the settlement is normally included in the total fees paid to the lawyer.

The party lodging an appeal must make a prior deposit, unless entitled to legal aid.

The same criterion applies as at first instance.

The same criterion applies as at first instance.

The parties may agree on a separation settlement in which they voluntarily establish the amount of maintenance. The settlement must be notified by the Public Prosecutor and approved by the court.

The costs paid to the professional staff taking part in the negotiating process.

Case B

The same as in the previous case

Idem

Idem

Idem

Idem

Idem

Idem

Idem

Costs for lawyers, bailiffs and experts

Case study

Lawyers

Bailiffs

Experts

Is representation compulsory?

Costs

Is representation compulsory?

Pre-trial costs

Post-trial costs

Is use compulsory?

Costs

Case A

The parties must be assisted by a lawyer (abogado) and represented by a legal representative (procurador) (Art. 750 Code of Civil Procedure).

In the event of mutual agreement, the parties may make use of the services of a single lawyer and a single representative to submit the agreement between them.

An advance has to be paid on fees for a lawyer and legal representative. In contentious proceedings the losing party may ultimately have to pay the costs.

No representation of the parties.

Not applicable in these proceedings.

None

None

Because of the nature of these proceedings there is not usually any role for experts.

None.

If an expert opinion is requested, the expert must be paid, unless he/she comes from the psycho-social centre attached to the court.

Case B

The parties must be assisted by a lawyer and represented by a legal representative (Art. 750 Code of Civil Procedure).

In the event of mutual agreement, the parties may make use of the services of a single lawyer and a single representative to submit the agreement between them.

An advance has to be paid on fees for a lawyer and legal representative. In contentious proceedings the losing party may ultimately have to pay the costs.

No representation of the parties.

Not applicable in these proceedings.

None

None

Because of the nature of these proceedings there is not usually any role for experts.

None.

If an expert opinion is requested, the expert must be paid, unless he/she comes from the psycho-social centre attached to the court.

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

Case study

Witness compensation

Pledges or security

Other costs

Are witnesses compensated?

Costs

Does this exist and when and how is it used?

Costs

Description

Costs

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).

Part of the cost is included in the payment of costs.

No prior pledge or security has to be lodged.

None

Certificates from the Registry of Births, Marriages and Deaths, marriage certificates or birth certificates of children, documents on which they base their entitlement (Art. 777(2) Code of Civil Procedure).

As appropriate

Case B

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).

Part of the cost is included in the payment of costs.

No prior pledge or security has to be lodged.

None

Certificates from the Registry of Births, Marriages and Deaths, marriage certificates or birth certificates of children, documents on which they base their entitlement (Art. 777(2) Code of Civil Procedure).

As appropriate

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 (Indicador Público de Renta de Efectos Múltiples – IPREM) in effect at the time of the application.

The Public Index of Income (IPREM) is an index used in Spain as a reference for granting allowances, scholarships, grants and the unemployment allowance, among others. It can be calculated here:Link opens in new windowhttp://www.iprem.com.es

The winning party can obtain reimbursement of the litigation costs if the other party is ordered to pay costs..

Case B

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.

The Public Index of Income (IPREM) is an index used in Spain as a reference for granting allowances, scholarships, grants and the unemployment allowance, among others. It can be calculated here: Link opens in new windowhttp://www.iprem.com.es/

The winning party can obtain reimbursement of the litigation costs if the other party is ordered to pay costs.

Translation and interpretation costs

Case study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost

When and under which conditions is it necessary?

Approximate cost

Case A

Case B

All foreign public or private documents that may be required under conditions laid down by law (translation by an officially recognised sworn translator)

Translators set their own rates.

Interpreters for the proceedings where this proves necessary.

Interpreters set their own rates.

If the interpreter is requested by the court itself, no payment is made.

Last update: 08/11/2019

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.

Case study 4 - commercial law - contract - Spain

In this case study on commercial law – contracts — Member States were asked to advise the seller on litigation costs in the following situations:

Case A – National situation: A company delivers goods worth €20 000. The buyer does not pay the seller because it 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 to a buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. The buyer located in Member State A has not paid the seller because it 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 Spain

Costs for court, 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?

Costs

Case A

In principle, in the order for payment procedure laid down in Articles 812 et seq. of the Code of Civil Procedure (LEC) a lawyer would not be needed to file the first statement of claim, whatever the amount of the claim.

In proceedings for a full judgment, a lawyer and a legal representative are required for claims exceeding €2 000.

If the debtor contests the claim in an order for payment procedure, a lawyer and legal representative are required if the amount of the claim exceeds that laid down in the Code of Civil Procedure (currently €2 000).

A fee is also payable which varies according to the type of procedure and the amount of the claim, provided the claim exceeds €2 000, unless the applicant is entitled to legal aid under Law 1/1996 on legal aid.

These are the general costs of proceedings. They are payable by a party which has had all its claims dismissed (Article 394(1) of the Code of Civil Procedure).

Offers of evidence.

Witness compensation.

Expert opinions.

If the debtor does not contest the claim, there are practically no costs involved in the proceeding. If the debtor contests the claim the general rules apply, i.e. the party lodging an appeal must pay a fee and 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 through mediation services even if the proceeding has begun. Law 5/2012 of 6 July 2012 on mediation in civil and commercial matters incorporates into Spanish law Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008. This Law lays down a minimum framework for mediation without prejudice to the provisions approved by the Autonomous Communities.
Under this Law, during the preliminary hearing the parties may be informed of the possibility of using mediation services to try and resolve the dispute. Depending on the nature of the case, the court may ask the parties to try and reach an agreement to end the proceeding. The parties may also ask for the proceeding to be stayed under Article 19(4) so that they can avail themselves of mediation or arbitration.

If an agreement is reached, 60% of the court fee is reimbursed.
Mediation provided by the court is usually free of charge.
Where mediation is not provided by the court, the parties are free to avail themselves of a mediator and to pay whatever fees are agreed upon. Under Law 5/2012, whether or not the mediation leads to an agreement, the mediation costs are shared equally between the parties unless otherwise agreed.

Case B

The same as for the previous case

Idem

Idem

Idem

Idem

Idem

Idem

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Costs for lawyers, bailiffs and experts

Case study

Lawyers

Bailiffs

Experts

Is representation compulsory?

Costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Costs

Case A

The order for payment procedure is not used unless the debtor contests the claim.
For claims exceeding €2 000, representation is compulsory in proceedings for a full judgment, or in the order for payment procedure if the debtor contests the claim. In these cases the parties must be assisted by a lawyer and represented by a legal representative (Article 31 of the Code of Civil Procedure).

They vary according to the amount and procedures involved.

There is no representation.

No, but the use of experts is recommended in certain cases and is paid for by the party requesting it.

They vary according to the scope and subject of the expert opinion to be issued.

Case B

The same as for the previous case

Idem

Idem

Idem

Costs for witness compensation, deposit or guarantee and other relevant costs.

Case study

Witness compensation

Pledges or security

Are witnesses compensated?

Costs

Does this exist? When and how is it used?

Costs

Case A

Witnesses are entitled to claim for losses incurred in attending hearings from the party that has called them (Article 375(1) of the Code of Civil Procedure).

Costs are set by the Court Clerk and according to the witness's claim (travel expenses and subsistence, etc.), which must be duly documented.

No prior pledge or security has to be lodged. Security is required only for appeals against certain decisions.

They vary according to the decision appealed. Maybe between €25 and €50.

Case B

The same as for the previous case

Idem

Costs for legal aid and other reimbursement

Case study

Legal aid

Reimbursements

When and under what conditions is it applicable?

When is the support total?

Conditions:

Can the winning party obtain reimbursement of litigation costs?

When and under what conditions is it applicable?

When is the support total?

Conditions:

Case A

It applies to persons who can prove that they have insufficient finances to institute legal proceedings (including fees of lawyer, legal representative and expert).

The Legal Aid Commission determines the services for which legal aid can be granted. Aid may be requested for just one of the services provided for in the Law (e.g. to cover the court fee).

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.

Generally all or most of the lawyer's fees, provided they do not exceed one third of the amount of the claim, legal representative's fees and advances on these fees, and experts' fees, as the case may be, can be reimbursed after assessment of the costs.

When there is an order to pay costs to the applicant (Article 394 of the Code of Civil Procedure), following assessment of the costs by the Court Clerk.

Order to pay costs to the other party.

Case B

The same as for the previous case.

Idem

Idem

Idem

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Costs of interpretation and translation

Case

study

Translation

Interpretation

When and under what conditions is it necessary?

What are the approximate costs?

When and under what conditions is it necessary?

What are the 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.

They vary according to the subject‑matter to be translated.

When a person who does not speak Spanish or, as the case may be, the other official language of the Autonomous Community in which the proceeding is held, has to be questioned, to make a statement or to be notified of a court decision, any person who speaks the language in question and who has sworn or promised to translate accurately may be appointed as interpreter.

The costs depend on whether or not a professional interpreter is used.

Case B

Idem

Idem

Idem

Idem

Last update: 08/11/2019

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.

Case study 5 - commercial law - responsibility - Spain

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 manufacturer of heating equipment delivers a boiler to a plumber. The plumber sells the boiler to a customer and installs it in the customer’s house. The house catches fire shortly afterwards. Each one of the parties involved (manufacturer of heating equipment, plumber, final customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to bring proceedings to obtain full compensation from the heating manufacturer, the plumber and the insurance companies.

Case B – Transnational situation: A manufacturer of heating equipment in Member State B delivers a boiler to a plumber in Member State C. The plumber sells the boiler to a customer and installs it in the customer’s house in Member State A. The house catches fire shortly afterwards. Each one of the parties involved (manufacturer of heating equipment, plumber, final customer) is insured by an insurance company in that party’s own Member State. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to bring proceedings in Member State A to obtain full compensation from the heating manufacturer, the plumber and the insurance company in Member State A.

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

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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.

Last update: 08/11/2019

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.

Aan de vertaling in het Nederlands wordt momenteel gewerkt.
De volgende vertalingen zijn al beschikbaar

Costs of proceedings - France

In this section you will find an overview of the costs of proceedings applicable to France. For a more in-depth analysis on the costs of proceedings, please consult the following case studies:

Link opens in new windowFamily law – Divorce

Link opens in new windowFamily law – Care of children

Link opens in new windowFamily law – Maintenance

Link opens in new windowCommercial law – Contract

Link opens in new windowCommercial law – Liability

Provisions relating to the fees of legal professions

The rates are made up of fixed fees and variable fees (often as percentage of the value of the dispute). A distinction should be made between:

  • officers of the court (lawyers and legal representatives), whose remuneration is only partially fixed; for the most part, fees are agreed freely with the client.
  • court or public officials, whose remuneration is fixed by the regulatory framework of the French government.

Court advocates

Decree no. 80-608 of 30 July 1980 sets the rates for court advocates at the Courts of Appeal. Officers of the court / Lawyers.

Regulations set the rates for lawyers representing parties at first instance (Decree no. 72-784 of 25 August 1972 and no. 75-785 of 21 August 1975).

Court appointed process servers

The rates for court appointed process servers to serve claim forms, notices of application and court orders are dealt with in decree no. 96-1080 of 12 December 1996.


Fixed legal expenses

Legal expenses in civil proceedings

Fixed legal expenses for litigants in civil proceedings

In civil matters, there are fees that are legally indispensable in order to pursue an action, and their amount has been set either by legislation or by order of the court. These fees are known as costs.

They comprise:

  1. Fees, charges, taxes or levies paid to court offices or the tax authorities (these fees or levies are rare since Law no. 77-1468 of 30 December 1977 established the principle of free public service with regard to the civil and administrative courts);
  2. The costs of translating documents, where this is required by statute or by an international undertaking;
  3. Witness expenses;
  4. Remuneration of technical specialists;
  5. Fixed outlays (fees for process servers, court advocates, lawyers);
  6. Emoluments for court or public officials;
  7. Remuneration of lawyers in so far as this is regulated, including pleadings and advocacy fees;
  8. Costs incurred in serving a document abroad;
  9. Interpreting and translation costs made necessary by evidential enquiries carried out abroad at the request of the courts under Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters;
  10. Social welfare reports ordered in family matters and wardship proceedings for adults and minors;
  11. Remuneration of the person appointed by the courts to represent the interests of the child.

The stage when fixed costs must be paid in civil proceedings

Civil proceedings costs include all sums paid out or owed by the parties before or in the course of an action.

These are for example, before the opening of the proceedings, the costs of consulting legal advisers, technical specialists and travel costs.

In the course of the action, these costs may concern the costs of proceedings paid to officers of the court or court officials, fees paid to the State and consultancy fees.

After the proceedings, they may concern the costs of enforcing the judgment.

Legal costs in constitutional matters

Fixed legal expenses for litigants in constitutional proceedings

As there are no provisions for individuals to bring an action before the Constitutional Council under current French rules of procedure, there is no need to answer this question.


What preliminary information can I expect from my legal representative (my lawyer)?

Information relating to the parties’ rights and obligations

It is a matter of professional conduct for officers of the court to provide their clients with information pertaining to the rights and obligations of the parties.

Sources of information relating to legal expenses

Where can I find information on legal expenses in France?

On the websites of the Link opens in new windowMinistry of Justice and Link opens in new windowvarious professions.

In which languages can I find information on legal expenses in France?

The information is available in French.

Where can I find other information on these expenses?

There is no website that publishes the costs of proceedings.

Value Added Tax (VAT)

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

The rates are given exclusive of taxes. The applicable rate of VAT is still 19.6% with the exception of services given to recipients of legal aid (5.5%).

Legal Aid

What are the income limits for receiving civil legal aid?

Legal aid makes no distinction between civil or criminal matters, or the nature of the dispute. It focuses solely on the applicant’s resources when deciding to grant or refuse the benefit.

Thus, every person with French nationality and every national from Member States of the European Union, as well as non-profit, legal entities who wish to assert their legal rights but do not have sufficient resources may claim legal aid.

Similarly, foreign nationals, who are habitually and lawfully resident in France, are entitled to benefit from legal aid in civil matters. This condition for lawful residence is not required in criminal matters. Moreover, the benefit will not be denied to minors, irrespective of the type of proceedings involved (civil, administrative or criminal).

 

The resources taken into account are the legal aid applicant’s average monthly resources of the last calendar year, as well as the resources of persons living habitually in the applicant’s home, where appropriate. In the latter case, the acceptance ceilings for the benefit are raised by adjustments for dependants.

However, recipients of certain types of income support (supplementary benefit from the National Solidarity Fund or the basic guaranteed income) are exempt from having to prove that their resources are insufficient.

Furthermore, different welfare benefits are not taken into account when calculating resources (family allowances, social security payments, housing benefit).

Legal aid may be full or partial, depending on the resources of the applicant. The revenue ceilings for granting legal aid are updated every year by the finance act. For 2009, the average monthly income received in 2008 for a single person must be:

  • equal to or lower than EUR 911 for full legal aid,
  • and between EUR 912 and EUR 1 367 for partial legal aid.

These ceilings are raised by EUR 164 for each of the first two dependants living with the applicant (children, spouse, cohabitee, civil partner, ascendant, etc.) and EUR 104 for the third and subsequent dependant.

Are there other conditions for receiving legal aid as a victim?

As a general rule, the status (e.g. victim or accused) of the party to the proceedings is not taken into account. There is no difference in the way victims, the accused, claimants or defendants in criminal or civil proceedings are treated when deciding whether or not to grant legal aid.

However, the justice system’s framework and planning law of 9 September 2002 improved the conditions for access to justice for victims of the most serious crimes, namely intentional attacks against life or personal integrity (crimes defined and punished by Articles 221-1 to 221-5, 222-1 to 222-6, 222-8, 222-10, 222-14 (1° and 2°), 222‑23 to 222-26, 421-1 (1°) and 421-3 (1° to 4°) of the Criminal Code), and their dependants, so that they may bring a civil action for damages arising out of an attack against the person. In order to benefit from legal aid, the victims and their dependants are exempt from having to prove their resources.  This provision applies specifically to victims of rape or physical abuse of a minor under 15 years old or persons who are particularly vulnerable, and which lead to death or permanent disability.

Furthermore, in exceptional circumstances the means condition may be waived, regardless of the status within the proceedings of the legal aid applicant (claimant/defendant, victim/accused) where their circumstances are of particular interest having regard to the object of the litigation or the foreseeable costs of the proceedings.

In particular, this provision applies to the victim of a criminal offence as a result of the circumstances in which that offence was committed.

Are there other conditions for obtaining legal aid as an accused?

As a general rule, there is no particular condition which governs the granting of legal aid to defendants in the main action. However, where those defendants pursue any form of legal redress (appeal, application to set a judgment aside, or an appeal for a decision to be set aside on a point of law (cassation)), the situation of the respondents to the appeal/application is improved if they already had the benefit of legal aid. Indeed, these individuals automatically retain the benefit of legal aid in order to defend themselves.

However, it is important to remember the general rule that applies both to claimant and defendant in the main action, whereby legal aid is not granted if the costs covered by this benefit are underwritten by a legal expenses insurance policy or an equivalent protection system.


Are any proceedings exempt from legal charges?

Before the small claims and summary offences court and the district court, the parties are not bound to instruct a lawyer. If the value of the action is less than EUR 4 000, matters may be brought before these courts using a simplified procedure which dispenses with the parties’ requirement to use a court appointed process server.

Applications to review measures relating to the exercise of parental responsibility, including applications in relation to adoption, where the child was adopted before the age of 15 years, or measures taken following a divorce, or applications for maintenance payments may be made without a lawyer by way of a simple application.

As with all proceedings before the civil courts, these courts do not charge fees for issuing proceedings or entering judgment.

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

In civil matters, any judgment or decision that brings an end to an action must make a ruling on the costs incurred in the proceedings.

As a general rule, costs (fixed fees – see above) are payable by the losing party. However, the court may in a reasoned judgment order the other party to pay some or all of those costs.

A party may also request that the opponent bear all or part of the charges incurred, and which are not included in the costs. These concern, for example, the lawyer’s advocacy fees, the fees for the process server’s report and travel expenses. If this happens, the court can order the party required to pay the costs, or in default the losing party, to pay the other party an amount which the court determines to cover the expenses incurred and not included in the costs. The court will have regard to principles of fairness and the financial circumstances of the party ordered to pay. The court may, of its own motion, state that there are no grounds for making such an order for reasons based on the same considerations.

Experts’ fees

In civil matters, remuneration of experts appointed by the court is set by order of the court.

If the court instructs an expert, it will set a retainer from which the remuneration will be deducted. The retainer will be as close as possible to the expected final payment. The court will designate the party or parties who must lodge the retainer with the court office.

Once the expert’s report is lodged, the court will set the remuneration, having particular regard to the enquiries carried out, respect for time limits and the quality of the work done.  The court will authorise the expert to return the appropriate amounts lodged at the court office, or as appropriate, payment of additional sums to the expert, indicating the party or parties who are to be responsible for this.

The judgment or decision bringing an end to the action gives a ruling on liability for remunerating the expert. As a general rule, this liability falls to the losing party, unless the court, through a reasoned decision, makes the other party liable for part or all of this fee.

On the other hand, the fees of experts not appointed by the court are agreed freely between the expert and the client, and they are not included in the costs. A party may apply to the court for an order for the losing party or otherwise the party ordered to pay the costs to pay a sum to cover the fees thus incurred. The court will make a ruling having regard to principles of fairness and the financial circumstances of the party ordered to pay.


Translators’ and interpreters’ fees

These fees are the responsibility of the losing party, unless the court, through a reasoned decision, makes the other party liable for part or all of this fee.

Related Attachments

France’s report on the costs’ transparency studyPDF(1312 Kb)en

Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Frans) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

Case study 1 - family law - divorce - France

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 France

Costs for legal proceedings, appeals and the alternative dispute resolution process


Case study

Legal proceedings

Appeal

Alternative dispute resolution process

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option available in this type of case?

Costs

Case A

No

No

No

No

No

No

Mediation can be used to try to find an agreement between the parties on the consequences of the divorce, but in all circumstances a court decision is required for the pronouncement of the divorce.

Mediation costs are payable by the parties, but may be covered by legal aid.

Case B

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Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compul-sory?

Costs

Case A

Yes

Free to set own fees.

Yes, if summons/

subpoena.

No, if joint application.

Summons: EUR 18.70

Service: EUR 26.70

Service: EUR 26.70

A notary is required if real property forms part of community property.

List of fees

Case B

Idem

Idem

Idem

Document originating from another Member State: EUR 50

Document destined for another Member State: EUR 36.30

Document originating from another Member State: EUR 50

Document destined for another Member State: EUR 36.30

Idem

Idem



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


Case study

Witness compensation

Oath or other security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

No

No

No

No

No

No

Case B

Idem

Idem

Idem

Idem

Idem

Idem



Costs for legal aid and other reimbursement



Case study

Legal aid

When and under which conditions is it necessary?

When is aid total?

Conditions?

Case A

Legal aid can be requested by a spouse before or in the course of court proceedings. It is granted if:

- the action for divorce brought by the spouse does not appear manifestly inadmissible or without any foundation in law;

- the income declared does not exceed the limits set by law;

- the costs of the divorce proceedings are not covered by legal protection insurance.

The State pays all the costs of the proceedings if the spouse is awarded total aid.

Total legal aid is granted if the monthly income declared by the petitioner does not exceed EUR 911.

Partial aid is granted for those with income between this amount and EUR 1 367.

The upper limits for income are raised by EUR 164 for the first two dependants and EUR 104 for the third dependant and any subsequent.

Case B

Idem

Idem

Idem




Case study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

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

Case A

No, where the parties agree, the principle applied is division of costs, except where the parties agree otherwise or the judge decides otherwise.

When the divorce judgment awards costs to a spouse who does not benefit from legal aid, the spouse must reimburse the Treasury office with the costs advanced by the State in the defence of a spouse who does benefit from legal aid.

Case B

Idem

Idem



Costs for translation and interpretation


Case study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Case A

Documents submitted to the judge must be translated.

There are no statistics available relating to costs.

When the judge does not understand the language in which the parties communicate.

Fixed by the judge.

Case B

Idem

Idem

Idem

Idem


Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Frans) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs in France

Costs for legal proceedings, appeals and the alternative dispute resolution process


Case study

Legal proceedings

Appeal

Alternative dispute resolution process

Initial court fees

Tran-scription fees

Other fees

Initial court fees

Tran-scription fees

Other fees

Is this option available in this type of case?

Costs

Case A

No

No

No

No

No

No

Judicial mediation is possible.

Extrajudicial mediation is also possible.

Mediation fees are fixed by the judge and payable by the parties, but the cost may be covered by legal aid.

Drawing up a fee agreement between the mediator and the parties is good practice.

Case B

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Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use com-pulsory?

Costs

Case A

No

No

Yes, if summons/ subpoena.

No, if joint application.

Summons: EUR 18.70

Service: EUR 26.70

If the clerk does not notify the decision, service by bailiff costs: EUR 26.70

No

Fixed by the judge.

Case B

Idem

Idem

Idem

Document originating from another Member State: EUR 50

Document destined for another Member State: EUR 36.30

Document originating from another Member State: EUR 50

Document destined for another Member State: EUR 36.30

Idem

Idem



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


Case study

Witness compensation

Pledge or other security

Other fees

Are witnesses compensated?

Does this exist and when and how is it used?

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

No

No

No

No

No

No

Case B

Idem

Idem

Idem

Idem

Idem

Idem


Costs for legal aid and other reimbursement



Case study

Legal aid

When and under which conditions is it necessary?

When is full aid given?

Conditions?

Case A

Legal aid can be requested before or in the course of the court proceedings. It is granted if the income declared by the parent does not exceed the limits set by law.

The State pays all court fees if the parent is awarded full aid.

Total legal aid is granted if the monthly income declared by the petitioner does not exceed EUR 911.

Partial aid is granted for those with an income between this amount and EUR 1 367.

The upper limits for income are raised by EUR 164 for the first two dependants and EUR 104 for the third dependant and any subsequent.

Case B

Idem

Idem

Idem



Costs for translation and interpretation


Case study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Case A

Documents submitted to the judge must be translated.

There are no statistics available.

When the judge does not understand the language in which the parties communicate.

Fees are fixed by the judge.

Case B

Idem

Idem

Idem

Idem


Last update: 08/11/2019

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.

Let op: de oorspronkelijke versie van deze pagina (Frans) is onlangs gewijzigd. Aan de vertaling in het Nederlands wordt momenteel gewerkt.

Case study 3 - family law - alimony - France

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 France

Costs for legal proceedings, appeals and the alternative dispute resolution process


Case study

Legal proceedings

Appeal

Alternative dispute resolution process

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option available in this type of case?

Costs

Case A

No

No

No

No

No

No

Judicial mediation is possible.

Extra-judicial mediation is also possible.

Mediation fees are fixed by the judge and payable by the parties, but the cost of mediation may be covered by legal aid.

Drawing up a fee agreement between the mediator and the parties is good practice.

Case B

Idem

Idem

Idem

Idem

Idem

Idem

Idem      

Idem



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is their intervention compulsory?

Costs

Case A

No

No          

No

No

No

No

Fixed by the judge.

Case B

Idem

Idem

Idem

Idem

Idem

Idem

Idem


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


Case study

Witness compensation

Pledge or other security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

No

No

No

No

No

No

Case B

Idem

Idem

Idem

Idem

Idem

Idem



Costs for legal aid and other reimbursement



Case study

Legal aid

When and under which conditions is it necessary?

When is aid total?

Conditions?

Case A

Legal aid can be requested by the mother before or in the course of the court proceedings. It is granted if the income declared does not exceed the limits set by law.

The State pays all of the costs of the proceedings if the mother is awarded total aid.

Total legal aid is granted if the monthly income declared by the mother does not exceed EUR 911.

Partial aid is granted for those with income between this amount and EUR 1 367.

The upper limits for income are raised by EUR 164 for the first two dependants of the mother and EUR 104 for the third dependant and any subsequent.

Case B

Idem

Idem

Idem




Case study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

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

Case A

Yes, if the judge so decides.

When the family law judge’s decision awards costs to a father who does not benefit from legal aid, the father must reimburse the Treasury office with the costs advanced by the State in the defence of a mother who does benefit from legal aid.

Case B

Idem

Idem



Costs for translation and interpretation


Case study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Case A

Documents submitted to the judge must be translated.

There are no statistics available.

When the judge does not understand the language in which the parties communicate.

Fees are fixed by the judge.

Case B

Idem

Idem

Idem

Idem


Last update: 08/11/2019

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.

Case study 4 - commercial law - contract - France

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 EUR 20 000. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.

The seller decides to sue to obtain the full payment of the price.

Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth EUR 20 000 to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.


Costs in France

Costs for legal proceedings, appeals and the alternative dispute resolution process


Case study

Legal proceedings

Initial court fees

Transcription fees

Other fees

Case A

Court of first instance: no, there are no initial fees.

Commercial court: yes, initial fees are at least EUR 69.97

Court of first instance: no

Court of first instance: no

Case B

Court of first instance: no, there are no initial fees.

Commercial court: yes, initial fees are at least EUR 69.97

Court of first instance: no

Court of first instance: no




Case study

Appeal

Alternative dispute resolution process

Initial court fees

Transcription fees

Other fees

Is this option available in this type of case?

Costs

Case A

No

No

No

Yes

Conciliation

Judicial mediation

Extrajudicial mediation

Free

Fixed by the judge.

Agreement between the parties and the mediator.

Case B

No

No

No

Yes

Conciliation

Judicial mediation

Extrajudicial mediation

Free

Fixed by the judge.

Agreement between the parties and the mediator.



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Costs

Case A

Court of first instance: yes

Commercial court: no

Appeal court: yes

Lawyers:

Statistics not available

Court advocates:

EUR 983

Yes

Summons: EUR 18.70 

Service: EUR 26.70

Service: EUR 26.70

No

Fees fixed by the judge.

Case B

Court of first instance: yes

Commercial court: no

Appeal court: yes

Lawyers:

Statistics not available

Court advocates:

EUR 983

Yes

Summons: EUR 18.70

Service: EUR 26.70

Service: EUR 26.70

No

Fees fixed by the judge.



Costs for witness compensation, pledge or other security


Case study

Witness compensation

Oath or other security

Are witnesses compensated?

Does this exist and when and how is it used?

Case A

Yes (decree of 27 December 1920 revising witness fees)

No

Case B

Yes (decree of 27 December 1920 revising witness fees)

No


Costs for legal aid and other reimbursement



Case study

Legal aid

When and under which conditions is it necessary?

When is aid total?

Conditions?

Case A

For-profit corporations (e.g. a company) cannot benefit from legal aid. In France, this can only be granted to individuals, as well as, under certain conditions, not-for-profit corporations and homeowners’ associations.

The State pays all court fees if the mother has full legal aid.

Full legal aid is granted if the monthly income declared by the petitioner does not exceed EUR 911.

Partial aid is granted for those with income between this amount and EUR 1 367.

The upper limits for income are raised by EUR 164 for the first two dependants and EUR 104 for the third dependant and any subsequent.

Case B

Idem

Idem

Idem





Case study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

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

What costs are never reimbursed?

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

Case A

Yes

Total reimbursement of listed fees, unless otherwise decided by the judge.

Unlisted fees: indemnity fixed by the judge on an equitable basis

When the judge’s decision awards costs to a party who does not benefit from legal aid, the party has to reimburse the Treasury office with the costs advanced by the State in the defence of the party who does benefit from legal aid.

Case B

Yes

Total reimbursement of listed fees, unless otherwise decided by the judge.

Unlisted fees: indemnity fixed by the judge on an equitable basis

Idem


Costs for translation and interpretation


Case study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Case A

Documents submitted to the judge must be translated.

There are no statistics available.

When the judge does not understand the language in which the parties communicate.

Fees fixed by the judge.

Case B

Documents submitted to the judge must be translated.

Part of the inquiry procedure under  Council Regulation (EC) No 1206/2001 of 28 May 2001.

There are no statistics available.

When the judge does not understand the language in which the parties communicate.

Part of the inquiry procedure under  Council Regulation (EC) No 1206/2001 of 28 May 2001.

Fees fixed by the judge.


Last update: 08/11/2019

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.

Case study 5 - commercial law - responsibility - France

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 France

Costs for legal proceedings, appeals and the alternative dispute resolution process


Case study

Legal proceedings

Appeal

Alternative dispute resolution process

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option available in this type of case?

Costs

Case A

Court of first instance: there are no initial fees.

Commercial court: yes, initial fees are at least EUR 69.97

Court of first instance: no

Court of first instance: no

No

No

No

Yes

Conciliation

Judicial mediation

Extra-judicial mediation

Free

Fixed by the judge.

Agreement between the parties and the mediator.

Case B

Court of first instance: no

Commercial court: yes, initial fees are at least EUR 69.97

Court of first instance: no

Court of first instance: no

No

No

No

Yes

Conciliation

Judicial mediation

Extra-judicial mediation

Free

Fixed by the judge.

 Agreement between the parties and the mediator.



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use compulsory?

Costs

Case A

Court of first instance: yes

Commercial court: no

Appeal court: yes

Lawyers:

Statistics not available.

Court advocates:

EUR 983

Yes

Summons: EUR 18.70

Service: EUR 26.70

Service: EUR 26.70

No

Fees fixed by the judge.

Case B

Court of first instance: yes

Commercial court: no

Appeal court: yes

Lawyers:

Statistics not available.

Court advocates:

EUR 983

Yes

Summons: EUR 18.70

Service: EUR 26.70

Service: EUR 26.70

No

Fees fixed by the judge.


Costs for witness compensation


Case study

Witness compensation

Are witnesses compensated?

Case A

Yes (decree of 27 December 1920 revising witness fees)

Case B

Yes (decree of 27 December 1920 revising witness fees)



Costs for legal aid and other reimbursement



Case study

Legal aid

When and under which conditions is it necessary?

When is aid total?

Conditions?

Case A

Legal aid can be requested before or during court proceedings by the buyer, as an individual or not-for-profit corporation. It is granted if:

- the action brought by the buyer does not appear manifestly inadmissible or without any foundation in law;

- the income declared does not exceed the limits set by law; and

- the costs of the proceedings are not covered by legal protection insurance.

The State pays all the costs of the proceedings if the buyer is awarded full aid.

Full legal aid is granted if the monthly income declared by the petitioner does not exceed EUR 911.

Partial aid is granted for those with income between this amount and EUR 1 367.

The upper limits for income are raised by EUR 164 for the first two dependants and EUR 104 for the third dependant and any subsequent.

Case B

Idem

Idem

Idem


Case study



Reimbursement

Can the winning party obtain reimbursement of litigation costs?

Can the winning party obtain reimbursement of litigation costs?

Can the winning party obtain reimbursement of litigation costs?

Can the winning party obtain reimbursement of litigation costs?

Case A

Yes

Total reimbursement of listed fees, unless otherwise decided by the judge.

Unlisted fees: indemnity fixed by the judge on an equitable basis.

When the judge’s decision awards costs to a party who does not benefit from legal aid, the party must reimburse the Treasury office with the costs advanced by the State in the defence of a party who benefits from legal aid.

Case B

Yes

Total reimbursement of listed fees, unless otherwise decided by the judge.

Unlisted fees: indemnity fixed by the judge on an equitable basis.

Idem


Costs for translation and interpretation


Case study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Case A

Documents submitted to the judge must be translated.

There are no statistics available.

When the judge does not understand the language in which the parties communicate.

Fees fixed by the judge.

Case B

Documents submitted to the judge must be translated.

Part of the inquiry procedure under Council Regulation (EC) No 1206/2001 of 28 May 2001.

There are no statistics available.

When the judge does not understand the language in which the parties communicate.

Part of the inquiry procedure under Council Regulation (EC) No 1206/2001 of 28 May 2001.

Fees fixed by the judge.


Last update: 08/11/2019

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.

Costs of proceedings - Cyprus

Regulatory framework governing fees of legal professions

Legal practitioners are not divided into different categories in the Republic of Cyprus (i.e. solicitors, barristers, advocates and lawyers). All legal practitioners entered in the Register of Advocates have equal rights to appear in the national courts and to practise law in general. This applies regardless of if an advocate holds the title of solicitor or barrister abroad. The term used for all legal practitioners is ‘advocate’.

Advocates (Δικηγόροι)

Fees for legal services are set on the basis of a scale of court costs approved by the Supreme Court (Ανώτατο Δικαστήριο).

For out-of-court services, there are scales which set the minimum legal fee.

In both cases, the advocate can agree on a higher fee with the client.

In the case of court cases, this must be officially declared.

There are two categories of bailiffs in Cyprus:

  1. Private-sector bailiffs, who serve court documents.
  2. Court bailiffs, who are civil servants charged with completing procedures to enforce court judgments (e.g. orders to seize and sell movable property).

Fees for private-sector bailiffs to serve documents are calculated on the basis of the distance of the address for service.

Court bailiffs are civil servants and are paid a monthly salary. Litigants who apply for enforcement measures to be taken pay the state stamp duty in an amount set out in rules of procedure, which depends on the type of enforcement measure and the amount which they are seeking to collect.

Prescribed fees

Prescribed fees for civil proceedings

Prescribed fees for litigants in civil proceedings

Initial costs for court fees are prescribed on the basis of the scale of the petition or some other procedure and are paid when the petition is filed. Court fees are not prescribed as a specific sum; they depend on how the case proceeds and are calculated on the basis of an approved scale.

Stage of civil proceedings at which prescribed fees must be paid

The initial costs for court fees are paid when the petition is filed.

Prescribed fees in criminal proceedings

Prescribed fees for litigants in criminal proceedings

If the accused is convicted, he may be ordered to pay the cost of the proceedings. As a rule this is avoided where a prison sentence is handed down, in which case costs are paid by the state, as they are where the accused is acquitted.

Stage of criminal proceedings at which prescribed fees must be paid

Costs, less initial costs paid in the form of stamp duty when the case is filed, are paid at the end of the proceedings.

Prescribed fees in constitutional proceedings

Prescribed fees for litigants in constitutional proceedings

Costs are calculated on the basis of the relevant scale.

Stage of constitutional proceedings at which fees must be paid

Fees are paid at the end of the proceedings, with the exception of court costs, which are paid when the recourse is filed.

Prior information to be provided by legal representatives

Rights and duties of parties

Advocates’ duties towards clients are listed in the Code of Conduct Regulations of Advocates 2002 (Οι περί Δεοντολογίας των Δικηγόρων Κανονισμοί του 2002) (Government Gazette of the Republic, Annex C(1) No 237 of 17.5.2002 (Regulatory Administrative Act 237/2002).

Costs sources

Where can I find information on costs sources in Cyprus?

The most important costs sources are listed on the website of the Link opens in new windowSupreme Court.

The information provided is in Greek.

Where can I find additional information on costs?

Available website on cost information:

Website of the Link opens in new windowSupreme Court.

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

Statistics on work carried out by the courts of the Republic of Cyprus can be found on the website of the Link opens in new windowSupreme Court in Greek and in Link opens in new windowEnglish.

Value Added Tax

How can I obtain relevant information?

Advocates’ fees are subject to VAT at 15%, provided that the advocate providing the services is registered for VAT.

What rate applies?

The rate of VAT is 15%.

Legal aid

Income limit applicable in civil proceedings

There is no legal aid in civil proceedings.

Income limit applicable in criminal proceedings for defendants

Defendants in criminal proceedings are entitled to free legal aid if their income is insufficient to pay for the services of an advocate and the court considers that the free legal aid granted is in the interests of justice. There is no predefined income limit. The court examines the application based on all the evidence, including a report prepared by the Department of Social Welfare Services (Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας) on the defendant’s income and requirements.

Income limit applicable in criminal proceedings for victims

As a rule criminal proceedings are instituted not by the victim of the crime but by the State, which pays the relevant costs. There is therefore no provision for free legal aid for victims.

Other preconditions to legal aid for victims

As a rule criminal proceedings are instituted not by the victim of the crime but by the State, which pays the relevant costs. There is therefore no provision for free legal aid for victims.

Other preconditions to legal aid for defendants

According to the relevant legislation, the offence of which the accused stands charged must be punishable by a term of imprisonment of at least 12 months in order to qualify for legal aid. However, the provision in question has been deemed unconstitutional and, as a result, it should be assumed that the facility for free legal aid exists in all cases.

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

As a rule, the losing party pays the other side’s costs, although the question of costs is at the discretion of the court, which may order otherwise.

Related Links

Link opens in new windowCourt fees and costs

Link opens in new windowStatistical data (Greek)

Link opens in new windowStatistical data (English)

Related Attachments

Cyprus report on cost transparency studyPDF(555 Kb)en

Last update: 23/07/2019

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.

Costs of proceedings - Latvia

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

Link opens in new windowFamily law - Divorce

Link opens in new windowFamily law – custody of the children

Link opens in new windowFamily law – alimony

Link opens in new windowCommercial law – contract

Link opens in new windowCommercial law – responsibility

Regulative framework governing fees of legal professionals

1. Bailiffs

The fees for the services of certified bailiffs (zvērināti tiesu izpildītāji) are determined in line with the Link opens in new windowstatutory rates. Agreeing on a fee that differs from the statutory rate is prohibited.

2. Lawyers

Except in cases where the state provides legal aid, there is no fixed fee for the services provided by certified lawyers (zvērināti advokāti) in Latvia; the lawyer agrees on a fee with the client.

Pursuant to Section 57 of the Link opens in new windowLawyers Act (Advokatūras likums), certified lawyers conclude a written agreement with the client that provides that the lawyer will act for the client in the case and sets the relevant fee.

In the event of a dispute where there is no written agreement, the amount chargeable for the lawyer's fees can be set at double the amount laid down in the legislation on the payment of state legal aid, and other expenses can be determined subject to the limits laid down in that legislation.

Section 12 of the Link opens in new windowLawyers Act provides that in the cases laid down by law the state will cover the fees of lawyers and other related expenses. The legislation governing state legal aid (the Link opens in new windowState Legal Aid Act (Valsts nodrošinātās juridiskās palidzības likums) and the Link opens in new windowCriminal Procedure Act) (Kriminālprocesa likums)) lays down the circumstances in which legal aid may be granted, in civil cases, administrative cases and criminal cases, the assistance given being paid for by the state.

The costs and expenses of providers of legal aid are covered by the state pursuant to Link opens in new windowCabinet Regulation No 1493 of 22 December 2009 laying down rules on the scope of state legal aid, the amount of payment, related expenses and the procedure for payment thereof. The regulation lays down fixed fees (a certain amount or hourly rate) that the state pays to legal aid providers in line with the established procedure. See also the replies to questions below.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

Fixed costs for litigants include state fees, a chancery fee, and costs associated with the examination of the case.

Stage of the civil proceeding where fixed costs must be paid

A court application must be accompanied by documents certifying that state fees and other court costs have been paid in accordance with the procedures set out by law.

The fee for the work of the court (the state fee) and the chancery fee have to be paid into the State Treasury as follows:

  • Recipient: State Treasury (Valsts kase)
  • Recipient’s tax registration number: 90000050138
  • Recipient’s account number: LV55TREL1060190911200
  • Recipient’s bank: State Treasury (Valsts kase)
  • Bank identifier code: TRELLV22
  • Message: the data identifying the case should be entered here.

Fees payable for the examination of the case must be paid before the case is considered.

Amounts payable to witnesses and experts (for conducting inspections or examining witnesses on-site), and costs for the service of court summonses, the publication of notices in newspapers and the taking of security for claims must be paid by the party who makes the request before the case is considered.

The party that makes the request has to pay the following costs before the case is considered:

  • sums payable to witnesses and experts;
  • expenses arising out of the questioning of witnesses or the conduct of inspections on site;
  • costs for the issue and service of court summonses;
  • expenses incurred in tracing the defendant;
  • the costs of publishing notices in newspapers;
  • the costs incurred in taking security for a claim.

Payments related to the adjudication of the case in a district or city court (rajona (pilsētas) tiesa) or regional court (apgabaltiesa) must be paid into the account of the Courts Office:

  • Recipient: Courts Office (Tiesu administrācija)
  • Recipient’s account number: LV51TREL2190458019000
  • Recipient’s tax registration number: 90001672316
  • Recipient’s bank: State Treasury (Valsts kase)
  • Bank identifier code: TRELLV22
  • Other payment details to include: 21499 (a code that indicates the category of payment) and other information necessary to identify the case, such as the case number, the name of the defendant and an indication whether the defendant is a natural or a legal person.

Fixed costs in criminal proceedings

Fixed costs for parties to criminal proceedings

Defendants in criminal proceedings do not pay court fees. The Link opens in new windowCriminal Procedure Act (Kriminālprocesa likums) does not lay down fees for criminal proceedings. Paragraph 8 of the transitional provisions of the Act states that civil claims joined to criminal proceedings before the Act comes into force are now to be treated as claims for damages. Where the civil plaintiff is not the victim, or the civil defendant is not the accused, the civil claim is now to be dealt with under the Link opens in new windowCivil Procedure Act (Civilprocesa likums). One month after the Act comes into force, the officer bringing the proceedings (procesa virzītājs) is to inform the other parties accordingly.

Stage of the criminal proceeding where fixed costs must be paid

See the answer given above to the question on fixed costs for parties to criminal proceedings.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

There are no court fees at any stage of constitutional proceedings.

Stage of the constitutional proceeding where fixed costs must be paid

There are no court fees at any stage of constitutional proceedings.

Prior information to be provided by legal representatives

Rights and obligations of the parties

Pursuant to Paragraph 2.2 of the Link opens in new windowCode of Ethics of Latvian Certified Lawyers (Latvijas Zvērinātu advokātu Ētikas kodekss), lawyers must give their opinion on a client’s case in a professional and open manner and provide the appropriate legal assistance. Moreover, Paragraph 3.1 of the Code states that lawyers must not work on cases in which they are not competent or able to perform their duties adequately. Before agreeing to act in a case, therefore, the lawyer must acquaint himself or herself with the circumstances and provide an opinion. The Link opens in new windowLawyers Act also imposes duties on certified lawyers: for example, they are to use all means and methods provided for in law when defending and representing the rights and legitimate interests of the person that has requested legal assistance.

Cost sources

Where can I find information on cost sources in Latvia?

You can find information on sources of costs in the laws and Cabinet regulations on the internet and in information leaflets in the courts.

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

Information on cost sources to be paid when the claim is filed (not indicating specific amounts) is available in all EU languages on the website of the Link opens in new windowEuropean Judicial Network in civil and commercial matters (see section ‘Bringing a case to court’).

Where can I find information on mediation?

Information on mediation may be found on the Link opens in new windowMediācija.lv website.

Where can I find additional information on costs?

Website providing information on costs

Information on costs is available on the Link opens in new windowLatvian courts portal.

There is also the official website of the Link opens in new windowMinistry of Justice. This provides access to information about courts, court proceedings, judgments of the administrative courts and other courts, and other miscellaneous information.

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

Information on the length of proceedings may be found in the statistical reports on the work of the courts which are available on the website of the Link opens in new windowCourts Information System (Tiesu informācijas sistēma).

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

No data is available on the average aggregate cost of particular proceedings.

Value added tax

How is this information provided?

State fees and court fees are exempt from VAT.

What are the applicable rates?

State fees and court fees are exempt from VAT.

Legal aid

Applicable income threshold in the area of civil justice

Under the Link opens in new windowState Legal Aid Act (Valsts nodrošinātās juridiskās palidzības likums) the State grants legal aid to persons who:

  • have been recognised as poor or in material difficulty in accordance with the relevant procedures laid down in law;
  • suddenly find themselves in situations and material circumstances that prevent them from defending their rights (e.g. owing to acts of God, force majeure or other circumstances beyond their control);
  • are totally dependent on the state or local authorities.

In cases where, given their particular situation, material circumstances or level of income, persons are not able to provide for their own legal defence, state legal aid is also granted to persons who:

  • are entitled to legal aid from the Republic of Latvia by virtue of Latvia’s international obligations;
  • in the case of cross-border disputes, are domiciled or habitually resident in a European Union Member State.

State legal aid is also granted in administrative cases (appeals against decisions on asylum, decisions on contested repatriation orders, and decisions on review of compulsory expulsion orders).

Applications for legal aid are considered by the Link opens in new windowLegal Aid Office (Juridiskās palīdzības administrācija), which takes decisions granting or refusing legal aid and notifies the applicant accordingly.

Applicable income threshold in the area of criminal justice for defendants

Under Articles 17 to 19 of the Link opens in new windowState Legal Aid Act, persons who have a right of defence in criminal proceedings may apply for legal aid at any time before the final court judgment comes into effect. In criminal proceedings, state legal aid provides for consultation, assistance in drawing up procedural documents and representation in pre-trial and trial proceedings. Under certain circumstances provided for in the Link opens in new windowCriminal Procedure Act, the state appoints a lawyer to act for the defendant.

Under Article 20 of Link opens in new windowthe Criminal Procedure Act, anyone suspected or accused of committing a crime has the right to defend themselves, i.e. the right to know what crime they are suspected or accused of, and the right to choose the way their defence will be conducted. Such persons may exercise this right by acting on their own behalf or by appointing a person of their choice to act for them. The person who acts for them may be a certified lawyer. The law specifies certain instances in which representation by a certified lawyer is mandatory. If the accused does not have sufficient assets to retain a certified lawyer, and does not reach agreement with a lawyer who is prepared to act in the case, the state ensures that they are represented, ordering the payment of defence costs from state funds and determining which proportion, if any, of that sum is to be paid by the accused.

Under Article 80 of the Link opens in new windowCriminal Procedure Act, the accused may enter into an agreement with a lawyer, or someone else may do so on his or her behalf. The officer bringing the proceedings (procesa virzītājs) cannot enter into any such agreement or retain any particular lawyer, but must provide the accused with the necessary information and give him or her the opportunity to contact a lawyer. If the accused has not entered into an agreement in a case where representation by a lawyer is mandatory, or in other cases where the accused wishes to be represented, the officer bringing the proceedings asks the senior certified lawyer to supply defence counsel. Within three working days of receiving the request from the officer bringing the proceedings, the senior lawyer must inform that officer of the name of the lawyer who will be acting.

Article 81 of the Link opens in new windowCriminal Procedure Act, governing special procedural steps, goes on to state that, if there is no agreement on the defence, or if the lawyer retained is unable to attend the procedural stages, the officer bringing the proceedings must retain a lawyer to act for the defence at the separate procedural stages (any investigations in which the accused is involved) from the schedule of duty lawyers drawn up by the senior lawyer for the area of jurisdiction of the court.

Also, under Article 84(2) of the Link opens in new windowCriminal Procedure Act, where a person has not entered into an agreement on their defence, the amount and the procedure for payment of fees and expenses for the services of a lawyer providing state legal aid are to be determined by the Cabinet (see Link opens in new windowCabinet Regulation No 1493 of 22 December 2009 laying down rules on the scope of state legal aid, the amount of payment, related expenses and the procedure for payment thereof).

Applicable income threshold in the area of criminal justice for victims

In criminal proceedings victims may receive state legal aid, i.e. a lawyer to represent them, who is appointed in accordance with the procedure laid down in the Link opens in new windowCriminal Procedure Act and in the cases provided for therein.

Furthermore, Article 104(5) of the Link opens in new windowCriminal Procedure Act states that the officer bringing the criminal proceedings may decide to appoint a lawyer to represent a minor in the following cases:

  • if the protection of a minor’s rights and interests is being hindered or otherwise not guaranteed,
  • if a reasoned request is submitted by a representative of the minor’s family (mother, father or guardian, grandparent, adult brother or adult sister) with whom the minor lives and by whom the minor is looked after, or by a representative of a children’s rights protection institution, or by a representative of any non-governmental organisation providing protection for children’s rights.

In exceptional circumstances, if in criminal proceedings it is not otherwise possible to ensure the protection of the rights and interests of a victim who is poor or in material difficulty, the officer bringing the proceedings may decide to appoint a lawyer to represent that person. The rates of lawyer’s fees and the payment procedure in such cases are laid down by the Cabinet of Ministers (see Link opens in new windowCabinet Regulation No 1493 of 22 December 2009 laying down rules on the scope of state legal aid, the amount of payment, related expenses and the procedure for payment thereof).

The state will then grant legal aid to the person recognised as a victim (help with the drawing up of procedural documents and representation in pre-trial and trial proceedings).

Other conditions attached to the granting of legal aid for victims

See information above on the income threshold for victims in the area of criminal justice.

Other conditions attached to the granting of legal aid for defendants

See information above on the income threshold for defendants in the area of criminal justice.

Cost-free court proceedings

The following persons are exempt from paying court costs to the state:

  • plaintiffs in claims by employees for the recovery of remuneration for work and other claims arising from legal employment relations or related to such;
  • plaintiffs in claims arising from contracts for the performance of work, if the plaintiff is a person who is serving a prison sentence;
  • plaintiffs in claims arising from personal injuries that result in mutilation, or other damage to health, or death;
  • plaintiffs in claims for the recovery of maintenance payments for a child or parent, and claims for the determination of paternity if the claim is brought together with a claim for the recovery of maintenance for a child;
  • applicants in matters relating to the recognition, or the recognition and enforcement, of a foreign decision on the recovery of maintenance payments for a child or parent;
  • plaintiffs in claims for compensation for material loss and moral injury resulting from criminal offences;
  • prosecutors, state or local authorities, and persons who are legally entitled to defend in court the rights and legally protected interests of other persons;
  • applicants in matters relating to a decision finding that a person lacks legal capacity or appointing a guardian;
  • applicants in matters relating to the appointment of a guardian for a person because of a dissolute or spendthrift lifestyle or excessive use of alcohol or drugs;
  • defendants in matters relating to the reduction of maintenance awarded by a court to a child or a parent and the reduction of maintenance payments that the court awarded on a claim arising out of personal injuries that result in mutilation or other damage to health, or death;
  • applicants where a child has been illegally moved across a border or detained;
  • administrators in claims that are brought for the benefit of natural or legal persons recognised as insolvent, and administrators submitting applications for a declaration of insolvency of legal persons in the circumstances referred to in paragraph 3 of Link opens in new windowSection 51 of the Insolvency Act (Maksātnespējas likums);
  • judgment creditors, in enforcement cases relating to the recovery of payments for state revenues;
  • judgment creditors, in enforcement cases where recovery is to be performed under a single document that permits enforcement of the claim in a requested Member State;
  • excise and tax departments, in applications for a declaration of insolvency of a legal person;
  • the Office of Citizenship and Migration Affairs (Pilsonības un migrācijas lietu pārvalde), in cases of deprivation of Latvian citizenship;
  • the State Social Insurance Agency (Valsts sociālās apdrošināšanas aģentūra), in cases regarding the recovery of financial resources for the state budget in respect of social insurance services, or overpayment of state social benefits and social insurance services, or payment of state social benefits in connection with road traffic accidents.

Parties may also be exempt from the payment of court costs to the state in other cases provided for by law. A court or a judge, upon considering the financial state of a natural person, may exempt him or her partly or fully from the payment of court costs into state revenues, postpone the payment of the required court costs into state revenues, or order payment in instalments.

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

A party in whose favour a judgment is delivered can recover from the other party all the court costs they have paid. If a claim is upheld in part, the costs can be recovered in proportion to the extent of the claims accepted by the court. The defendant will be reimbursed in proportion to the part of the claim dismissed in the action. Where judgment is delivered by default, state fees for an application for the reopening of court proceedings and a fresh adjudication of the matter will not be reimbursed.

If the plaintiff’s application is upheld in whole or in part, the defendant will be ordered to make good, to the extent provided for by law, the costs incurred by the plaintiff in bringing the action, such as lawyers’ fees, expenses in connection with attendance at court, or expenses in connection with the gathering of evidence. If the application is dismissed, the court will order the plaintiff to make good the costs incurred by the defendant in defending the action.

Experts’ fees

Experts’ costs must be paid, before the matter is adjudicated, by the party who requested the expert’s services. A party that is exempt from court costs will not have to pay experts’ costs. In such a case, fees for the services of experts (but not state forensic science experts) are paid by the Courts Office.

Translators’ and interpreters’ fees

Where parties to a case do not have a command of the language of the proceedings—unless they represent legal persons—the court must ensure that they can acquaint themselves with the documents in the case and take part in the proceedings with the help of an interpreter.

Related attachments

Latvia’s report of the Study on Transparency of costsPDF(742 Kb)en

Last update: 08/11/2019

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.

Aan de vertaling in het Nederlands wordt momenteel gewerkt.

Case study 1 - family law - divorce - Latvia

In this case study on family law (divorce), Member States were asked to advise the party filing for divorce on litigation fees in the following situations:

Case A. National scenario: a couple gets married. Later they separate and agree to a divorce.

Case B. International scenario: two nationals from the 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.

Fees in Latvia

Court, appeal and alternative dispute resolution fees

Case

Court

Appeal

Fee for submitting application to court

Clerical fee

Other fees

Fee for submitting application to court

Clerical fee

Other fees

A

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

B

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 100

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

Advocate, bailiff and expert fees

Case

Advocate

Expert

Is representation compulsory?

Average fees

Is use compulsory?

Fees

A

No.

Natural persons may represent themselves in court or be represented by an authorised party

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to an advocate’s legal assistance in civil proceedings can be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

B

No.

Natural persons may represent themselves in court or be represented by an authorised party

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to an advocate’s legal assistance in civil proceedings can be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

Case

Bailiff

Is representation compulsory?

Pre-judgment fees

Post-judgment fees

A

No

Not applicable

Not applicable

B

No

Not applicable

Not applicable

Fees for witness compensation, pledges or security and other relevant fees

Case

Witness compensation

Pledges or security

Are witnesses compensated?

Fees

Do these exist and when and how are they used?

Fees

A

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If a person has reason to believe that the submission of necessary evidence on their behalf may be rendered impossible or hampered at a later stage, they may ask for this evidence to be secured.

LVL 20 (if the application is submitted prior to bringing the case).

B

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If a person has reason to believe that the submission of necessary evidence on their behalf may be rendered impossible or hampered at a later stage, they may ask for this evidence to be secured.

LVL 20 (if the application is submitted prior to bringing the case).

Fees for legal aid and other reimbursement

Case

Reimbursement

If fees are not reimbursed in full, what percentage is usually reimbursed?

What fees are not reimbursed?

A

In delivering a judgment in a divorce case, the court divides court fees between the parties, taking into account their financial situations.

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

B

In delivering a judgment in a divorce case, the court divides court fees between the parties, taking into account their financial situations.

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

Translation and interpretation fees

Case

Translation

Interpretation

Other fees specific to cross-border disputes

When and under what conditions is it necessary?

Approximate fees

When and under what conditions is it necessary?

Approximate fees

Description

Approximate fees

A

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in the court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Translation is provided by the court.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

B

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in the court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Translation is provided by the court. Where evidence is gathered abroad the actual translation fee must be covered.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

Last update: 08/11/2019

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.

Aan de vertaling in het Nederlands wordt momenteel gewerkt.

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

In this case study on family law (custody of children), Member States were asked to advise the suing party on litigation fees in the following situations:

Case A. National scenario: two persons have lived together unmarried for a number of years. Their child is three years old when they decide to separate. A court decision grants custody of the child to the mother and access rights to the father. The mother sues to limit the father’s access rights.

Case B. International scenario where you are an advocate in Member State A: two persons have lived together unmarried in Member State B for a number of years. They have a child together but separate immediately after the child’s birth. A court in Member State B grants custody of the child to the mother and access rights to the father. The mother and the child move to live in another Member State (Member State A) as authorised by the court, and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s access rights.

Fees in Latvia

Court and appeal fees

Case

Court

Appeal

Fee for submitting application to court

Clerical fees

Other fees

Fee for submitting application to court

Clerical fees

Other fees

A

LVL 50

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 50

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

B

LVL 50

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 50

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

Advocate, bailiff and expert fees

Case

Advocate

Bailiff

Is representation compulsory?

Average fees

Is representation compulsory?

Pre-judgment fees

Post-judgment fees

A

No.

Natural persons may represent themselves in court or be represented by an authorised party.

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to an advocate’s legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

Not applicable.

Fees for the services of a bailiff are only incurred where one of the parties fails to observe the access arrangements ordered by the court and one of the parties has to initiate enforcement of the court order:

1) the State fee for submitting a written enforcement order is LVL 2 (payable by the claimant);

2) the remuneration for a certified bailiff is LVL 93.70 (covered by the defaulting party);

3) other fees relating to the enforcement of a judgment (covered by the defaulting party).

B

No.

Natural persons may represent themselves in court or be represented by an authorised party

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to an advocate’s legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

Not applicable.

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2 (payable by the claimant);

2) the remuneration for a certified bailiff is LVL 93.70 (covered by the defaulting party);

3) other fees relating to the enforcement of a judgment (covered by the defaulting party).

Case

Expert

Is use compulsory?

Fees

A

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

B

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

Fees for witness compensation, pledges or security and other relevant fees

Case

Witness compensation

Pledges or security

Are witnesses compensated?

Fees

Do these exist and when and how are they used?

Fees

A

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If a person has reason to believe that the submission of necessary evidence on their behalf may be rendered impossible or hampered at a later stage, they may ask for this evidence to be secured.

LVL 20 (if the application is submitted prior to bringing the case).

B

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If a person has reason to believe that the submission of necessary evidence on their behalf may be rendered impossible or hampered at a later stage, they may ask for this evidence to be secured.

LVL 20 (if the application is submitted prior to bringing the case).

Reimbursement of fees

Case

Reimbursement

Is the successful party eligible for reimbursement of litigation fees?

If fees are not reimbursed in full, what percentage in usually reimbursed?

What fees are not reimbursed?

A

Yes.

The party in whose favour a judgment is made may recover all the court fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

B

Yes.

The party in whose favour a judgment is made may recover all the court fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

Translation and interpretation fees

Case

Translation

Interpretation

Other fees specific to cross-border disputes

When and under what conditions is it necessary?

Approximate fees

When and under what conditions is it necessary?

Approximate fees

Description

Approximate fees

A

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Translation is provided by the court.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

B

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Translation is provided by the court. Where evidence is gathered abroad the actual translation fee must be covered.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

Last update: 08/11/2019

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.

Aan de vertaling in het Nederlands wordt momenteel gewerkt.

Case study 3 - family law - alimony - Latvia

In this case study on family law (alimony) Member States were asked to advise the suing party on litigation costs in the following situations:

Case A. National scenario: two persons have lived together unmarried for a number of years. Their child is three years old when they decide to separate. A court decision grants custody of the child to the mother. There is an ongoing dispute between the two parties regarding the amount of alimony owed to the mother by the father for the support and education of the child. The mother sues on this point.

Case B. international scenario where you are an advocate in Member State A: two persons have lived together unmarried in Member State B for a number of years. They have a three-year-old child. They separate. A court decision in Member State B grants custody of the child to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A), which becomes their place of permanent residence.

There is an ongoing dispute between the two parties regarding the amount of alimony owed to the mother by the father for the support and education of the child. The mother sues on this point in Member State A.

Fees in Latvia

Court, appeal and alternative dispute resolution fees

Case

Court

Appeal

Fee for submitting application to court

Clerical fees

Other costs

Fee for submitting application to court

Clerical fees

Other costs

A

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

B

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 50

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

Copying: LVL 0.12

Certified copy: LVL 0.61

(The claimant is exempted from paying this fee. Court costs in such a case are recovered from the defendant for the benefit of the State.)

1) Fees associated with examination of the case.

2) Litigation fees.

Advocate, bailiff and expert fees

Case

Advocate

Is representation compulsory?

Average fees

A

No.

Natural persons may represent themselves in court or be represented by an authorised party.

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to a advocate's legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

B

No.

Natural persons may represent themselves in court or be represented by an authorised party.

Individuals work with a certified advocate on the basis of an agreement.

N.B. fees relating to a advocate's legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

Case

Bailiff

Expert

Is representation compulsory?

Pre-judgment fees

Post-judgment fees

Is use compulsory?

Fees

A

No.

Not applicable.

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) a certified bailiff's remuneration depends on the amount of the debt at the start of enforcement proceedings;

3) other fees relating to the enforcement of a judgment.

The claimant is exempted from paying fees for the enforcement of a decision. These costs are recovered from the defendant.

No.

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

B

No

Not applicable

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) a certified bailiff's remuneration depends on the amount of the debt at the start of enforcement proceedings;

3) other fees relating to the enforcement of a judgment.

The claimant is exempted from paying fees for the enforcement of a decision. These fees are recovered from the defendant.

No

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

Fees for witness compensation, pledges or security and other relevant fees

Case

Witness compensation

Pledges or security

Are witnesses compensated?

Fees

Do this exist and when and how are they used?

Fees

A

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

Where an application to secure the claim has been made, 0.5 % of the amount of the claim, but no less than LVL 50.

B

Yes.

If none of the parties is exempted from paying, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

Where an application to secure the claim has been made, 0.5 % of the amount of the claim, but no less than LVL 50.

Fees for legal aid and other reimbursement

Case

Reimbursement

Is the successful party eligible for reimbursement of litigation fees?

If fees are not reimbursed in full, what percentage in usually reimbursed?

What fees are not reimbursed?

A

Yes.

The party in whose favour a judgment is made may recover all the court fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

B

Yes.

The party in whose favour a judgment is made may recover all the court fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

Translation and interpretation fees

Case

Translation

Interpretation

When and under what conditions is it necessary?

Approximate fees

When and under what conditions is it necessary?

Approximate fees

A

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Where evidence is gathered abroad, translation fees are covered in full.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

B

Court proceedings are conducted in the official State language.

The court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

Where evidence is gathered abroad, translation fees are covered in full.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgment has not yet been executed and the period for its enforcement has not expired.

Not applicable.

Case

Other fees specific to cross-border disputes

Description

Approximate fees

A

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

B

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

Last update: 08/11/2019

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.

Aan de vertaling in het Nederlands wordt momenteel gewerkt.

Case study 4 - commercial law - contract - Latvia

In this case study on commercial law (contract), Member States were asked to advise the seller on litigation fees in the following situations.

Case A. National scenario: a company has delivered EUR 20 000 worth of goods. The seller has not been paid because the buyer does not believe the goods comply with the terms of the contract.

The seller decides to sue to obtain full payment for the goods.

Case B. International scenario: a company whose head offices are located in Member State B has delivered EUR 20 000 worth of goods to a buyer in Member State A. The contract is subject to the laws of Member State B and is drawn up in the language of Member State B. The seller has not been paid because the buyer, who is located in Member State A, does not believe the goods comply with the terms of the contract. The seller decides to sue in Member State A in order to obtain full payment for the goods.

Fees in Latvia

Court, appeal and alternative dispute resolution fees

Case study

Court

Appeal

Fee for submitting application to court

Clerical fee

Other fees

Fee for submitting application to court

Clerical fee

Other fees

A

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

B

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

Case study

Alternative dispute resolution

Can this be used in this specific case?

Fees

A

Parties may agree that the dispute be submitted to a court of arbitration.

Court of arbitration fees and/or fees associated with examination of the dispute and arbitrator's fee.

The fees associated with the arbitration court proceedings, along with the payment deadline and procedure, are determined by the court of arbitration depending on the amount of the claim, the complexity of the dispute and the terms of the court of arbitration's agreement.

B

Parties may agree that the dispute be submitted to a court of arbitration.

Court of arbitration fees and/or fees associated with examination of the dispute and arbitrator's fee.

The fees associated with the arbitration court proceedings, along with the payment deadline and procedure, are determined by the court of arbitration depending on the amount of the claim, the complexity of the dispute and the terms of the court of arbitration's agreement.

Advocate, bailiff and expert fees

Case study

Advocate

Bailiff

Is representation compulsory?

Average fees

Is representation compulsory?

Pre-judgment fees

Post-judgment fees

A

Legal entities may be represented in court by professionals acting in accordance with the law, by representatives provided for in the statutes or articles of association of those legal entities, or by other authorised representatives.

Individuals work with a certified advocate on the basis of an agreement.

NB: fees relating to a advocate's legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

Where a decision is reached about securing the claim:

1) for securing of a claim by seizure of funds from credit institutions or third parties: LVL 46.90;

2) for securing of a claim by ordering the defendant to desist from the activity in question: LVL 26

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) the remuneration for a certified bailiff depends on the amount of the debt which has accumulated at the time legal proceedings began;

3) other fees relating to the enforcement of a judgment.

B

Legal entities may be represented in court by professionals acting in accordance with the law, by representatives provided for in the statutes or articles of association of those legal entities, or by other authorised representatives.

Individuals work with a certified advocate on the basis of an agreement.

NB: fees relating to a advocate's legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

Where a decision is reached about securing the claim:

1) for securing of a claim by seizure of funds from credit institutions or third parties: LVL 46.90;

2 for securing of a claim by ordering the defendant to desist from the activity in question: LVL 26.

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) the remuneration for a certified bailiff depends on the amount of the debt which has accumulated at the time legal proceedings began;

3) other fees relating to the enforcement of a judgment.

Case study

Expert

Is use compulsory?

Fees

A

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

B

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

Fees for witness compensation, pledges or security and other relevant fees

Case study

Witness compensation

Pledges or security

Are witnesses compensated?

Fees

Do these exist and when and how are they used?

Fees

A

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

0.5 % of the sum of the claim, where an application is made to secure the claim, but no less than LVL 50.

B

Yes

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

0.5 % of the sum of the claim, where an application is made to secure the claim, but no less than LVL 50.

Fees for legal aid and other reimbursement

Case study

Reimbursement

Is the successful party eligible for reimbursement of litigation fees?

If fees are not reimbursed in full, what percentage is usually reimbursed?

What fees are not reimbursed?

A

Yes

The party in whose favour a court judgment is made may recover all the fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to the part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

B

Yes.

The party in whose favour a court judgment is made may recover all the fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to the part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

Case study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate fees

When and under what conditions is it necessary?

Approximate fees

A

Court proceedings are conducted in the official State language.

The Court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

No fixed fees set, fee agreed upon.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgement has not yet been executed and the period for its enforcement has not yet expired.

Not applicable.

B

Court proceedings are conducted in the official State language.

The Court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

No fixed fees set, fee agreed upon.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgement has not yet been executed and the period for its enforcement has not yet expired.

Not applicable.

Translation and interpretation fees

Case study

Other fees relating to disputes?

Description

Approximate fees

A

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

B

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

Last update: 08/11/2019

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.

Aan de vertaling in het Nederlands wordt momenteel gewerkt.

Case study 5 - commercial law - responsibility - Latvia

In this case study on commercial law (contract), Member States were asked to advise the seller on litigation fees in the following situations.

Case A. National scenario: a company has delivered EUR 20 000 worth of goods. The seller has not been paid because the buyer does not believe the goods comply with the terms of the contract.

The seller decides to sue to obtain full payment for the goods.

Case B. International scenario: a company whose head offices are located in Member State B has delivered EUR 20 000 worth of goods to a buyer in Member State A. The contract is subject to the laws of Member State B and is drawn up in the language of Member State B. The seller has not been paid because the buyer, who is located in Member State A, does not believe the goods comply with the terms of the contract. The seller decides to sue in Member State A in order to obtain full payment for the goods.

Fees in Latvia

Court, appeal and alternative dispute resolution fees

Case study

Court

Appeal

Fee for submitting application to court

Clerical fee

Other fees

Fee for submitting application to court

Clerical fee

Other fees

A

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

B

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

LVL 394.90

Copying: LVL 0.12

Certified copy: LVL 0.61

1) Fees associated with examination of the case.

2) Litigation fees.

Case study

Alternative dispute resolution

Can this be used in this specific case?

Fees

A

Parties may agree that the dispute be submitted to a court of arbitration.

Court of arbitration fees and/or fees associated with examination of the dispute and arbitrator's fee.

The fees associated with the arbitration court proceedings, along with the payment deadline and procedure, are determined by the court of arbitration depending on the amount of the claim, the complexity of the dispute and the terms of the court of arbitration's agreement.

B

Parties may agree that the dispute be submitted to a court of arbitration.

Court of arbitration fees and/or fees associated with examination of the dispute and arbitrator's fee.

The fees associated with the arbitration court proceedings, along with the payment deadline and procedure, are determined by the court of arbitration depending on the amount of the claim, the complexity of the dispute and the terms of the court of arbitration's agreement.

Advocate, bailiff and expert fees

Case study

Advocate

Bailiff

Is representation compulsory?

Average fees

Is representation compulsory?

Pre-judgment fees

Post-judgment fees

A

Legal entities may be represented in court by professionals acting in accordance with the law, by representatives provided for in the statutes or articles of association of those legal entities, or by other authorised representatives.

Individuals work with a certified advocate on the basis of an agreement.

NB: fees relating to a advocate's legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

Where a decision is reached about securing the claim:

1) for securing of a claim by seizure of funds from credit institutions or third parties: LVL 46.90;

2) for securing of a claim by ordering the defendant to desist from the activity in question: LVL 26

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) the remuneration for a certified bailiff depends on the amount of the debt which has accumulated at the time legal proceedings began;

3) other fees relating to the enforcement of a judgment.

B

Legal entities may be represented in court by professionals acting in accordance with the law, by representatives provided for in the statutes or articles of association of those legal entities, or by other authorised representatives.

Individuals work with a certified advocate on the basis of an agreement.

NB: fees relating to a advocate's legal assistance in civil proceedings may be recovered from the unsuccessful party at a rate of no more than 5 % of the part of the claim that is allowed or, in non-material claims, at the standard rate for advocates.

No.

Where a decision is reached about securing the claim:

1) for securing of a claim by seizure of funds from credit institutions or third parties: LVL 46.90;

2 for securing of a claim by ordering the defendant to desist from the activity in question: LVL 26.

Where a judgment is not enforced voluntarily:

1) the State fee for submitting a written enforcement order is LVL 2;

2) the remuneration for a certified bailiff depends on the amount of the debt which has accumulated at the time legal proceedings began;

3) other fees relating to the enforcement of a judgment.

Case study

Expert

Is use compulsory?

Fees

A

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

B

A court orders an expert examination where this is requested by one of the parties and where clarification of facts relevant to the case calls for specialist knowledge in the field of science, technology, art, etc.

In accordance with Cabinet regulations.

Fees for witness compensation, pledges or security and other relevant fees

Case study

Witness compensation

Pledges or security

Are witnesses compensated?

Fees

Do these exist and when and how are they used?

Fees

A

Yes.

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

0.5 % of the sum of the claim, where an application is made to secure the claim, but no less than LVL 50.

B

Yes

If none of the parties is exempted from paying court fees, they agree on the amount to be paid to a witness, based on the calculation procedure, this being incremented by administrative expenses.

The exception is where the law states that the court has an obligation to gather and obtain evidence.

The following are compensated in accordance with Cabinet regulations:

1 ) travel expenses;

2) accommodation;

3) average earnings.

If there is reason to believe that enforcement of a court judgment might subsequently be hampered or rendered impossible, the court or judge may, on reasoned request of the applicant, make a decision on securing the claim.

0.5 % of the sum of the claim, where an application is made to secure the claim, but no less than LVL 50.

Fees for legal aid and other reimbursement

Case study

Reimbursement

Is the successful party eligible for reimbursement of litigation fees?

If fees are not reimbursed in full, what percentage is usually reimbursed?

What fees are not reimbursed?

A

Yes

The party in whose favour a court judgment is made may recover all the fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to the part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action.

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

B

Yes.

The party in whose favour a court judgment is made may recover all the fees incurred from the other party.

Where a claim is met in part, the plaintiff's fees are reimbursed in proportion to the part of the claim that has been met. The defendant is reimbursed in proportion to the part of the claim that was dismissed in the action

Where the plaintiff discontinues an action, he or she must reimburse the court fees incurred by the defendant. Where this happens, the defendant does not reimburse the court fees paid by the plaintiff. However, following submission of the application, if the plaintiff withdraws his or her claim because it has been met by the defendant on a voluntary basis, at the request of the plaintiff his or her fees are recovered by means of a court order.

Case study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate fees

When and under what conditions is it necessary?

Approximate fees

A

Court proceedings are conducted in the official State language.

The Court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

No fixed fees set, fee agreed upon.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgement has not yet been executed and the period for its enforcement has not yet expired.

Not applicable.

B

Court proceedings are conducted in the official State language.

The Court honours the rights of parties (other than representatives of legal persons) who do not have a command of the language used in court proceedings. This means allowing case material to be examined and enabling participation in court hearings using an interpreter's services.

No fixed fees set, fee agreed upon.

The court may decide to explain its judgment without changing its substance if requested to do so and where the judgement has not yet been executed and the period for its enforcement has not yet expired.

Not applicable.

Translation and interpretation fees

Case study

Other fees relating to disputes?

Description

Approximate fees

A

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

B

The parties to the proceedings submit documents in a foreign language along with the certified translation into the State language required by law.

Not determined.

Last update: 08/11/2019

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.

Costs of proceedings - Lithuania

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

Link opens in new windowFamily law - Divorce

Link opens in new windowFamily law – custody of the children

Link opens in new windowFamily law – alimony

Link opens in new windowCommercial law – contract

Link opens in new windowCommercial law – responsibility

Regulation of legal fees

1.Solicitors

There is no such profession in Lithuania.

2. Lawyers

Lawyers' fees are not regulated in Lithuania. They vary according to the level of complexity of the case and of the resources involved. However, fees may not be superior to the maximum amount established by recommendations approved by the Minister for Justice and the Chairman of the Council of the Lithuanian Bar Association (Lietuvos advokatų tarybos pirmininkas).

3. Barristers

There is no such profession in Lithuania.

4. Bailiffs

Bailiffs play a role only if the debtor does not comply with the judgment and legally enforceable documents have to be produced. The fees, their payment and exemption from enforcement costs are regulated by the Instructions for executing judgements. All enforcement costs must be paid by the judgment creditor. The bailiff’s fees are to be recovered from the debtor during or after the execution of the judgment.

The amount of the fees depends on the type of enforcement required and the number of times it is provided. Some enforcement costs are fixed: some cost LTL 60 per hour and some are determined based on a percentage of the value of the assets subject to enforcement.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

In civil proceedings, litigation costs comprise stamp duty and other costs: legal representation, delivery of court documents, experts’ or witnesses’ fees, execution, etc. Stamp duty is, where applicable, defined in the Code of Civil Procedure and is fixed. Litigation costs are defined in section VIII of the Code of Civil Procedure (Civilinio proceso kodeksas).

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

Stamp duty is normally paid before presenting a claim to the court.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

There are no fixed costs for litigants in criminal proceedings.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

Constitutional proceedings are free of charge, but are not available to the general public.

Prior information to be provided by legal representatives

There is no such direct obligation under law.

Costs borne by the winning party

Costs in civil proceedings are defined in Section VIII of the Code of Civil Procedure.

Cost sources

Where can I find information on cost sources in Lithuania?

More information is available in the attached Lithuania’s report of the Study on Transparency of costsPDF(950 Kb)en

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

Information is available in English.

Where can I find information on mediation?

More information is available on the website: Link opens in new windowCourt mediation procedure.

Legal aid

Conditions for the granting of legal aid

According to Lithuanian legislation, there are two kinds of state-guaranteed legal aid:

  1. 'Primary legal aid' (pirminė teisinė pagalba) covers the provision of legal aid in line with the procedure laid down by the Law governing state-guaranteed legal aid, legal advice and the drafting of documents to be submitted to state and municipal institutions, with the exception of procedural documents. Legal aid also covers advice for the out-of-court settlement of a dispute, actions for the amicable settlement of disputes and drafting settlement agreements.
  2. 'Secondary legal aid' (antrinė teisinė pagalba) covers the drafting of documents, defence and legal representation in court. This includes the process of execution and representation during the preliminary extra-judicial stage of a dispute – where such a procedure is required by law or court decision. Such legal aid also covers litigation costs incurred in civil proceedings, the costs incurred in administrative proceedings, and costs related to hearing a civil action raised in a criminal case.

All citizens of the Republic of Lithuania, citizens of other member states of the European Union, other natural persons residing lawfully in Lithuania or member states, and other persons specified in international treaties to which Lithuania is signatory are eligible for primary legal aid irrespective of their income.

All citizens of the Republic of Lithuania, citizens of other member states of the European Union and other natural persons residing lawfully in the Republic of Lithuania and other member states may apply for secondary legal aid. To receive secondary legal aid, a person’s property and annual income should not exceed the property and income levels set by the government in the Law governing state-guaranteed legal aid.

Thus a common threshold system is used when assessing indigence (a maximum amount below which an applicant is considered indigent).

Right to legal aid

The government has established two property and income levels that apply. The applicant's property and income should not exceed the first or second level defined by law. Moreover, the applicant's annual net income (over the last twelve months) should not exceed the first or second income levels defined in Lithuanian law.

Indigence is not the only criterion used to determine a person’s ability to receive secondary legal aid.

First level legal aid entitlement is established when a person's income per year does not exceed LTL 8 000 (€2 318.8) plus LTL 3 000 (€869.6) for each dependant. Second level legal aid entitlement is established when a person's income per year does not exceed LTL 12 000 (€3 478.2) plus LTL 4 400 (€1 275.3) for each dependant. The obligations of the applicant towards his or her dependants are not taken into account for the purpose of assessing indigence.

The extent of secondary legal aid, taking account of a person’s property and income, shall be guaranteed and covered by the state as follows:

  1. 100 per cent – where the first level is established based on the person’s property and income
  2. 50 per cent – where the second level is established based on the person’s property and income.

The state must guarantee and cover 100 percent of the costs of the secondary legal aid provided to people specified in Article 12 of this Law (see below). This is paid regardless of the person’s property and income. The exception is individuals (referred to in subparagraph 6 of Article 12 of the Law) who can freely dispose of property and income. Such individuals are assigned to the second level. Here, the state will guarantee and cover 50 per cent of the costs of secondary legal aid.

Some groups of persons are eligible for secondary legal aid regardless of the property and income levels established by the government (under Article 12 of the Law on state-guaranteed legal aid):

  1. persons in criminal proceedings (according to Article 51 of the Code of criminal procedure), and in other cases specified by law when the physical presence of a defence lawyer is mandatory;
  2. the aggrieved parties in cases involving compensation for damage incurred through criminal actions, including cases where claims for compensation for damage are heard as part of a criminal matter;
  3. persons receiving social assistance for low-income families (single residents) under Lithuanian law;
  4. persons living in care institutions;
  5. people who have reached pensionable age, and those for whom a level of considerable special needs has been established. This includes guardians (custodians) where state-guaranteed legal aid is required for the representation and defence of the rights and interests of a ward (foster-child);
  6. persons who have presented proof showing that they cannot dispose of their property and funds for objective reasons and that, for these reasons, the property and annual income they can freely dispose of does not exceed the property and income levels set by the Lithuanian Government for receiving legal aid in accordance with the law governing legal aid;
  7. persons suffering from serious mental disorders, where issues relating to their forced hospitalisation and treatment are being examined under the Lithuanian Law on mental health care, and custodians (carers) of the above where state-guaranteed legal aid is required for the representation of the rights and interests of the ward (person subject to care);
  8. debtors in enforcement proceedings, where recovery is levied against the last place of residence;
  9. parents or other legal representatives of minor children, where the issue of their eviction is being examined;
  10. minor children, where they are applying independently to a court, in the cases specified by law, for the defence of their rights or legally protected interests, with the exception of those who have entered into marriage in accordance with procedures laid down by law or have been recognised by the court as having legal capacity;
  11. persons in respect of whom recognition of incapacity is sought in matters involving a decision on the capacity of a natural person;
  12. persons involved in cases concerning registration of birth;
  13. other persons in cases specified in treaties signed by the Republic of Lithuania.

Experts’ fees

The court must pay experts for loss of earnings – at work or from their usual occupation – for each day they are required to spend in court. They are paid for providing their expertise, and reimbursed for any expenses related to appearing in court, travelling and accommodation, together with a daily subsistence allowance. A party who files a petition to call in experts must pay a surety for an amount established by the court in advance. If both parties submit petitions for an expert(s), they shall pay the surety in equal parts. The surety is paid into the court’s special account.

If, in cases provided by the Lithuanian Civil Code (Lietuvos Respublikos civilinis kodeksas) or other laws, the court calls witnesses (liudytojai) and experts (ekspertai) on its own initiative, the expenses are payable from the state budget. This may involve ordering an examination or performing an inspection of the scene of the event.

When establishing the size of the surety, the amount of future expenses must be taken into consideration. The court pays the amounts to the experts after they have performed their duties. The court must also pay expert institutions for carrying out an investigation in accordance with an invoice presented after the investigation has been completed. These amounts will be paid from the court’s special account, opened in a bank according to the court’s location. The amounts paid to experts and expert institutions must, when no surety has been collected, be charged to the court’s special account and paid by the party against whom judgment was made, or by the parties in proportion to the magnitude of the claims allowed and dismissed. The Ministry of Justice establishes the maximum amounts of these expenses

Translators’ and interpreters’ fees

The court reimburses translators for loss of earnings – arising from their absence from work or usual daily occupation – for each day they are required to spend in court. Translators must be paid for their translation work, and reimbursed for any expenses they incur due to appearing in court, travelling, accommodation and a daily subsistence allowance. A party who submits documents to court and requires them to be translated into a foreign language must pay in advance a surety of the amount established by the court.

The court must pay translators from the state budget funds allocated for this purpose, except for amounts paid to translators for translation into a foreign language of court documents submitted by the parties. The cost of interpretation/ translation services during a court session must be covered by the state budget. The Ministry of Justice has established the maximum amount of this expenditure.

Related attachments

Lithuania’s report of the Study on Transparency of costsPDF(950 Kb)en

Last update: 08/11/2019

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.

Case study 1 - family law - divorce - Lithuania

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 Lithuania

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Initial court fees

Transcription fees

Other fees

Case A

Spouses filing petitions to dissolve a marriage by mutual consent are exempted from the official fee in cases heard by a court.

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

Foreign natural or legal persons are subject to the same conditions of exemption, reduction, deferral and scheduling of payments as apply to Lithuanian citizens.

The same as in the national situation

The same as in the national situation



Case Study

Appeals

Initial court fees

Transcription fees

Other fees

Case A

Spouses filing petitions to dissolve a marriage by mutual consent are exempted from the official fee in cases heard by a court.

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

The same as in the national situation

The same as in the national situation

The same in as the national situation



Case Study

ADR

Is this an option open for this type of case?

Costs

Case A

Yes, after the essence of the dispute is identified in a preliminary session, the court will offer both parties the opportunity to come to a mutually acceptable compromise agreement and thus settle the case amicably.

Free

Case B

The same as in the national situation

The same as in the national situation



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Is representation compulsory?

Average costs

Case A

Lawyer representation is not compulsory

See section on Legal Profession Fee Regulation above

Case B

The same as in the national situation

The same as in the national situation



Case Study

Bailiff

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Case A

No

No. Bailiffs play their role only after the issue of enforcement orders.

Governed by the instructions on judgment execution. Costs must be recovered from the debtor.

The amount depends on the kind of enforcement and quantity of execution actions – costs may be fixed, 60 Litas per hour or a percentage of the value of the relevant item(s)

Case B

The same as in the national situation

The same as in the national situation

The same as in the national situation



Case Study

Expert

Is use compulsory?

Cost

Case A

The court may appoint an expert or expertise for issues that require special knowledge in science, medicine, arts, engineering or craft, subject to the opinion of participants in the proceeding.

An advance surety in an amount established by the court must be paid by the requesting party. The government or an authorised institution establishes the maximum expenses. The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

The same as in the national situation

The same as in the national situation



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

See section on Experts’ Fees above.

See section on Experts’ Fees above.

The court must take into account the material situation of the paying party The amount depends on the nature of the procedural action and may not exceed 100,000 Litas

Other expenses include:

1) the inspection of a location;

2) defendant searches;

3) delivering court documents;

4) satisfying the court judgment;

5) reimbursement for curator’s work;

6) others as necessary and reasonable

See section on Experts’ above. Expenses for a defendant search must be paid by the party that requested a search or the court.

See section on Bailiff's Fees

A tutor has the right to receive remuneration for representation in line with tariffs and procedure set by government or its authorised institution. Representation costs are borne by the party on which initiative a tutor is appointed, who must pay his or her representation costs in advance

Case B

The same as in the national situation

The same as in the national situation

The same as in the national situation

The same as in the national situation

The same as in the national situation

The same as in the national situation



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under what conditions is it applicable?

When is support total?

Conditions?

Case A

Primary legal aid can be claimed as described in the section on Legal Aid above.

Secondary legal aid is eligible under the conditions set out in the section on Legal Aid above.

The state guarantees 100% percent of the costs of primary legal aid.

The costs of secondary legal aid take account of a person’s property and income (see section on Legal Aid above)

 

Persons wishing to receive primary legal aid may apply to the executive institution of a municipality, according to declared place of residence.

Persons wishing to receive secondary legal aid must apply with documents substantiating the request and attesting to eligibility for secondary legal aid.

Case B

The same as in the national situation

The same as in the national situation

The same as in the national situation




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

What costs are never reimbursed?

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

Case A

Parties that achieve mutual consent to divorce are relieved of litigation costs.

The costs of state-guaranteed legal aid and those incurred by the debtor in the execution process.

Where the provision of secondary legal aid is terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of article 23 of the law. Costs can be recovered from the person to whom it was provided in accordance with procedure laid down by the law.

Where insurance benefits are paid out after the costs, the costs of secondary legal aid must be refunded to the state budget within one month of the payment of the insurance benefit in line with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they must be recovered in accordance with legal procedure.

Where secondary legal aid has been provided (subparagraph 6 of article 12 of the law) but where the circumstances change (subparagraph 1 of paragraph 2 of article 11) such a person must refund the amount of the secondary legal into the state budget within the time limit laid down by the service. If they fail to do so, the costs will be recovered in accordance with the required legal procedure

Where 50% cent of the costs of secondary legal aid are covered, and an applicant fails pay his or her 50% percent share of the costs of civil or administrative the proceedings within the time limits required, the case may be terminated without the court taking a decision on the merits of the matter, and the applicant must refund the costs of secondary legal aid provided within the time limits laid down by the service. The state will be represented by the legal aid service.

Case B

The same as in the national situation

The same as in the national situation

The same as in the national situation

The same as in the national situation



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

All the court documents and their annexures must be submitted to the court in the state language.

A party, whose court documents must be translated into a foreign language, must pay in advance a surety set by the court to cover litigation expenses. If both parties submit petitions, both parties will pay the surety in equal parts.

People who do not speak the official language, are guaranteed the right to interpretation/translation services during the proceedings.

The court must pay the amounts due to interpreters/translators from the state budget funds.

Case B

The same as in the national situation

The same as in the national situation

The same as in the national situation

The same as in the national situation


Last update: 08/11/2019

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.

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

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs in Lithuania

Costs of court, appeals and alternative dispute resolution


Case Study

Court

Appeals

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Case A

The official fees in cases involving disputes of separated parents over contact with the child are 100 Litas. The courts can adjust this by taking into consideration the quarter’s consumer price index (now - 132)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

The official fees in cases involving disputes of separated parents over contact with the child are 100 Litas. The courts can adjust this by taking into consideration the quarter’s consumer price index (now - 132)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation



Case Study

ADR

Is this option open for this type of case?

Costs

Case A

Yes, after the essence of the dispute is identified in a preliminary session, the court will offer both parties the opportunity to come to a mutually acceptable compromise agreement and thus settle the case amicably..

Free

Case B

The same as in national situation

The same as in national situation A



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Case A

Lawyer representation is not compulsory

See section on Legal Profession Fee Regulation above

No

No

No. Bailiffs play their role only after the issue of enforcement orders

Enforcement costs: 60 Litas which bailiff can claim in every execution case, 200 Litas for bailiff’s salary, and other enforcement costs, depending on kind and quantity of execution actions.

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation



Case Study

Expert

Is use compulsory?

Cost

Case A

The court may appoint an expert or expertise for issues that require special knowledge in science, medicine, arts, engineering or craft, subject to the opinion of participants in the proceeding.

An advance surety in an amount established by the court must be paid by the requesting party. The government or an authorised institution establishes the maximum expenses. The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

The same as in national situation

The same as in national situation



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

See section on Experts’ Fees above.

See section on Experts’ Fees above.

The court must take into account the material situation of the paying party The amount depends on the nature of the procedural action and may not exceed 100,000 Litas

Other expenses include: 1) the inspection of a location; 2) defendant searches; 3) delivering court documents; 4) satisfying the court judgment; 5) reimbursement for curator’s work; 6) others as necessary and reasonable

See section on Experts’ above.

Expenses for a defendant search must be paid by the party that requested a search or the court.

See section on Bailliff’s Fees

A tutor has the right to receive remuneration for representation in line with tariffs and procedure set by government or its authorised institution. Representation costs are borne by the party on which initiative a tutor is appointed, who must pay his or her representation costs in advance

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under what conditions is it applicable?

When is support total?

Conditions?

Case A

Primary legal aid can be claimed as described in the section on Legal Aid above.

Secondary legal aid is eligible under the conditions set out in the section on Legal Aid above.

The state guarantees 100% percent of the costs of primary legal aid.

The costs of secondary legal aid take account of a person’s property and income (see section on Legal Aid above)

Persons wishing to receive primary legal aid may apply to the executive institution of a municipality, according to declared place of residence.

Persons wishing to receive secondary legal aid must apply with documents substantiating the request and attesting to eligibility for secondary legal aid.

Case B

The same as in national situation

The same as in national situation

The same as in national situation




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

What costs are never reimbursed?

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

Case A

The winning party can obtain reimbursement of litigation costs from the losing party.

The costs of state-guaranteed legal aid and those incurred by the debtor in the execution process.

Where the provision of secondary legal aid is terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of article 23 of the law. Costs can be recovered from the person to whom it was provided in accordance with procedure laid down by the law.

Where insurance benefits are paid out after the costs, the costs of secondary legal aid must be refunded to the state budget within one month of the payment of the insurance benefit in line with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they must be recovered in accordance with legal procedure.

Where secondary legal aid has been provided (subparagraph 6 of article 12 of the law) but where the circumstances change (subparagraph 1 of paragraph 2 of article 11) such a person must refund the amount of the secondary legal into the state budget within the time limit laid down by the service. If they fail to do so, the costs will be recovered in accordance with the required legal procedure

Where 50% cent of the costs of secondary legal aid are covered, and an applicant fails pay his or her 50% percent share of the costs of civil or administrative the proceedings within the time limits required, the case may be terminated without the court taking a decision on the merits of the matter, and the applicant must refund the costs of secondary legal aid provided within the time limits laid down by the service. The state will be represented by the legal aid service.



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

All the court documents and their annexures must be submitted to the court in the state language.

A party, whose court documents must be translated into a foreign language, must pay in advance a surety set by the court to cover litigation expenses. If both parties submit petitions, both parties will pay the surety in equal parts.

People, who do not speak the official language, are guaranteed the right to interpretation/translation services during the proceedings.

The court must pay the amounts due interpreters/translators from the state budget funds.

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation


Last update: 08/11/2019

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.

Case study 3 - family law - alimony - Lithuania

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 Lithuania

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Initial court fees

Transcription fees

Other fees

Case A

Plaintiffs applying for child support are exempted from the paying the official fee in cases heard by a court

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds

Case B

Foreign natural or legal persons shall be applied the same conditions of exemption, reduction, deferral and scheduling of payment of litigation costs as are applied to Lithuanian persons.

The same as in national situation

The same as in national situation



Case Study

Appeals

Initial court fees

Transcription fees

Other fees

Case A

Plaintiffs applying for child support are exempted from the paying the official fee in cases heard by a court

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

The same as in national situation

The same as in national situation

The same as in national situation



Case Study

ADR

Is this option open for this type of case?

Costs

Case A

Yes, after the essence of the dispute is identified in a preliminary session, the court will offer both parties the opportunity to come to a mutually acceptable compromise agreement and thus settle the case amicably

Free

Case B

The same as in national situation

The same as in national situation



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Is representation compulsory?

Average costs

Case A

Lawyer representation is not compulsory.

See section on Legal Profession Fee Regulation above

Case B

The same as in national situation

The same as in national situation



Case Study

Bailiff

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Case A

No

No

No. Bailiffs play their role only after the issue of enforcement orders.

Enforcement costs:

1) Periodic payments of alimony are enforced from the debtor’s salary – 30 Litas for enforcement, which bailiff receives in every execution case, and other enforcement costs, depending on the kind and quantity of execution actions.

2) if alimony is recovered from debtor’s property, enforcement costs in each case for execution and bailiff’s salary will depend on the size of debt

Case B

The same as in national situation

The same as in national situation

The same as in national situation



Case Study

Expert

Is use compulsory?

Cost

Case A

The court may appoint an expert or expertise for issues that require special knowledge in science, medicine, arts, engineering or craft, subject to the opinion of participants in the proceeding.

An advance surety in an amount established by the court must be paid by the requesting party. The government or an authorised institution establishes the maximum expenses. The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

The same as in national situation

The same as in national situation



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


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

See section on Experts’ Fees above.

See section on Experts’ Fees above.

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation



Case

Study

Other fees

Description

Cost

Case A

Other expenses include: 1) the inspection of a location; 2) defendant searches; 3) delivering court documents; 4) satisfying the court judgment; 5) reimbursement for curator’s work; 6) others as necessary and reasonable

See section on Experts’ above. Expenses for a defendant search must be paid by the party that requested a search or the court.

See section on Bailliff’s Fees

A tutor has the right to receive remuneration for representation in line with tariffs and procedure set by government or its authorised institution. Representation costs are borne by the party on which initiative a tutor is appointed, who must pay his or her representation costs in advance

Case B

The same as in national situation

The same as in national situation



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Conditions?

Case A

Primary legal aid can be claimed as described in the section on Legal Aid above.

Secondary legal aid is eligible under the conditions set out in the section on Legal Aid above.

The state guarantees 100% percent of the costs of primary legal aid.

The costs of secondary legal aid take account of a person’s property and income (see section on Legal Aid above)

Persons wishing to receive primary legal aid may apply to the executive institution of a municipality, according to declared place of residence.

Persons wishing to receive secondary legal aid must apply with documents substantiating the request and attesting to eligibility for secondary legal aid..




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

What costs are never reimbursed?

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

Case A

The winning party can obtain reimbursement of litigation costs from the losing party.

Where the provision of secondary legal aid is terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of article 23 of the law. Costs can be recovered from the person to whom it was provided in accordance with procedure laid down by the law.

Where insurance benefits are paid out after the costs, the costs of secondary legal aid must be refunded to the state budget within one month of the payment of the insurance benefit in line with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they must be recovered in accordance with legal procedure.

Where secondary legal aid has been provided (subparagraph 6 of article 12 of the law) but where the circumstances change (subparagraph 1 of paragraph 2 of article 11) such a person must refund the amount of the secondary legal into the state budget within the time limit laid down by the service. If they fail to do so, the costs will be recovered in accordance with the required legal procedure

Where 50% cent of the costs of secondary legal aid are covered, and an applicant fails pay his or her 50% percent share of the costs of civil or administrative the proceedings within the time limits required, the case may be terminated without the court taking a decision on the merits of the matter, and the applicant must refund the costs of secondary legal aid provided within the time limits laid down by the service. The state will be represented by the legal aid service.

The costs of state-guaranteed legal aid and those incurred by the debtor in the execution process

Where the provision of secondary legal aid is terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of article 23 of the law. Costs can be recovered from the person to whom it was provided in accordance with procedure laid down by the law.

Where insurance benefits are paid after the costs, the costs of secondary legal aid must be refunded to the state budget within one month of the payment of the insurance benefit in line with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they shall be recovered in accordance with legal procedure.

Where secondary legal aid has been provided (subparagraph 6 of article 12 of the law) but where the circumstances change (subparagraph 1 of paragraph 2 of article 11) such a person must refund the costs of the secondary legal provided to the state budget within the time limit laid down by the service. If they fail to do so, the costs will be recovered in accordance with the required legal procedure

Where 50 per cent of the costs of secondary legal aid are covered, and an applicant fails to fulfil the duty to pay 50 percent of the costs of civil or administrative the proceedings within the time limits required, the case may be terminated without the court taking a decision on the merits of the matter, and the applicant must refund the costs of secondary legal aid provided to the state budget within the time limits laid down by the service.

Where the costs of secondary legal aid must be recovered, the state must be represented by the service.



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

All the court documents and their annexures must be submitted to the court in the state language.

A party, whose court documents must be translated into a foreign language, must pay in advance a surety set by the court to cover litigation expenses. If both parties submit petitions, both parties will pay the surety in equal parts.

People, who do not speak the official language, are guaranteed the right to interpretation/translation services during the proceedings.

The court must pay the amounts due to interpreters/translators from the state budget funds.

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation


Last update: 08/11/2019

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.

Case study 4 - commercial law - contract - Lithuania

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 Lithuania

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Case A

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case: 1) inspection of a location; 2) defendant search; 3) delivering the court documents; 4) satisfying the court judgment; 5) reimbursement for expenses of the curator’s work; 6) other necessary and reasonable expenses

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case: 1) inspection of a location; 2) defendant search; 3) delivering the court documents; 4) satisfying the court judgment; 5) reimbursement of the curator’s work; 6) other necessary and reasonable expenses

Yes



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Is representation compulsory?

Average costs

Case A

Lawyer representation is not compulsory.

See section on Legal Profession Fee Regulation above

Case B



Case Study

Bailiff

Expert

Is representation compulsory?

Pre-judgement costs

Post-judgment costs

Is use compulsory?

Cost

Case A

No

No

No. Bailiffs play their role only after the issue of enforcement orders.

Enforcement costs: 1) 600 Litas if size of debt is from 50, 000 Lt (~€15,000) to 100,000 Lt (~€29,000) and  6%, but not less than 4000 Lt, of the executed debt amount as bailiff’s salary, and other enforcement costs, depending on the kind and quantity of execution actions.

2) Bailiff’s salary depends on size of debt.

The court may appoint an expert or expertise for issues that require special knowledge in science, medicine, arts, engineering or craft, subject to the opinion of participants in the proceeding.

An advance surety in an amount established by the court must be paid by the requesting party. The government or an authorised institution establishes the maximum expenses. The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

No

No

Same as in a Case A



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


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

See section on Experts’ Fees above.

See section on Experts’ Fees above.

The court must take into account the material situation of the paying party The amount depends on the nature of the procedural action and may not exceed 100,000 Litas

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation



Case

Study

Other fees

Description

Cost

Case A

Other expenses include: 1) the inspection of a location; 2) defendant searches; 3) delivering court documents; 4) satisfying the court judgment; 5) reimbursement for curator’s work; 6) others as necessary and reasonable

See section on Experts’ above. Expenses for a defendant search must be paid by the party that requested a search or the court.

See section on Bailliff’s Fees

A tutor has the right to receive remuneration for representation in line with tariffs and procedure set by government or its authorised institution. Representation costs are borne by the party on which initiative a tutor is appointed, who must pay his or her representation costs in advance

Case B

The same as in national situation

The same as in national situation



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

Case A

Legal Aid is not applicable.

The winning party can obtain reimbursement of litigation costs from the losing party

Case B


Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

When and under what conditions is it necessary?

Approximate cost?

Case A

All the court documents and their annexures must be submitted to the court in the state language.

People who do not speak the official language are guaranteed the right to interpretation/translation services during the proceedings.

The court must pay the amounts due to interpreters/translators from the state budget funds.

Case B

The same as in national situation

The same as in national situation


Last update: 08/11/2019

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.

Case study 5 - commercial law - responsibility - Lithuania

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 Lithuania

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Case A

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case:

1) inspection of a location;

2) defendant search;

3) delivering the court documents;

4) satisfying the court judgment; 5) reimbursement for expenses of the curator’s work; 6) other necessary and reasonable expenses

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case:

1) inspection of a location;

2) defendant search;

3) delivering the court documents;

4) satisfying the court judgment; 5) reimbursement for expenses of the curator’s work; 6) other necessary and reasonable expenses



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Is representation compulsory?

Average costs

Case A

Lawyer representation is not compulsory.

See section on Legal Profession Fee Regulation above

Case B



Case Study

Bailiff

Expert

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

No

No. Bailiffs play their role only after the issue of enforcement orders.

Enforcement costs: 1) 600 Litas if size of debt is from 50, 000 Lt (~€15,000) to 100,000 Lt (~€29,000)  and 6%, but not less than 4000 Lt, of the executed debt amount as bailiff’s salary, and other enforcement costs, depending on the kind and quantity of execution actions.

2) Bailiff’s salary depends on size of debt.

The court may appoint an expert or expertise for issues that require special knowledge in science, medicine, arts, engineering or craft, subject to the opinion of participants in the proceeding.

An advance surety in an amount established by the court must be paid by the requesting party. The government or an authorised institution establishes the maximum expenses. The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

No

No

Same as in a Case A



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


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

See section on Experts’ Fees above.

See section on Experts’ Fees above.

The court must take into account the material situation of the paying party The amount depends on the nature of the procedural action and may not exceed 100,000 Litas



Case

Study

Other fees

Description

Cost

Case A

Other expenses include: 1) the inspection of a location; 2) defendant searches; 3) delivering court documents; 4) satisfying the court judgment; 5) reimbursement for curator’s work; 6) others as necessary and reasonable

See section on Experts’ above. Expenses for a defendant search must be paid by the party that requested a search or the court.

See section on Bailliff’s Fees

A tutor has the right to receive remuneration for representation in line with tariffs and procedure set by government or its authorised institution. Representation costs are borne by the party on which initiative a tutor is appointed, who must pay his or her representation costs in advance

Case B



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Conditions?

Case A

Primary legal aid can be claimed as described in the section on Legal Aid above.

Secondary legal aid is eligible under the conditions set out in the section on Legal Aid above.

The state guarantees 100% percent of the costs of primary legal aid.

The costs of secondary legal aid take account of a person’s property and income (see section on Legal Aid above)

Persons wishing to receive primary legal aid may apply to the executive institution of a municipality, according to declared place of residence.

Persons wishing to receive secondary legal aid must apply with documents substantiating the request and attesting to eligibility for secondary legal aid

Case B

Same as in a Case A

Same as in a Case A

Same as in a Case A




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

What costs are never reimbursed?

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

Case A

The winning party can obtain reimbursement of litigation costs from the losing party.

The costs of state-guaranteed legal aid do shall not cover the costs that the court awards to the losing party nor the costs incurred by in the execution process.

Where the provision of secondary legal aid is terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of article 23 of the law. Costs can be recovered from the person to whom it was provided in accordance with procedure laid down by the law.

Where insurance benefits are paid after the costs, the costs of secondary legal aid must be refunded to the state budget within one month of the payment of the insurance benefit in line with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they shall be recovered in accordance with legal procedure.

Where secondary legal aid has been provided (subparagraph 6 of article 12 of the law) but where the circumstances change (subparagraph 1 of paragraph 2 of article 11) such a person must refund the costs of the secondary legal provided to the state budget within the time limit laid down by the service. If they fail to do so, the costs will be recovered in accordance with the required legal procedure

Where 50 per cent of the costs of secondary legal aid are covered, and an applicant fails to fulfil the duty to pay 50 percent of the costs of civil or administrative the proceedings within the time limits required, the case may be terminated without the court taking a decision on the merits of the matter, and the applicant must refund the costs of secondary legal aid provided to the state budget within the time limits laid down by the service.

Where the costs of secondary legal aid must be recovered, the state must be represented by the service.

Case B

Same as in a Case A

Same as in a Case A



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

All the court documents and their annexures must be submitted to the court in the state language.

A party, whose court documents must be translated into a foreign language, must pay in advance a surety set by the court to cover litigation expenses. If both parties submit petitions, both parties will pay the surety in equal parts.

People who do not speak the official language, are guaranteed the right to interpretation/translation services during the proceedings.

The court must pay the amounts due to interpreters/translators from the state budget funds.

Case B

As per national situation

As per national situation

As per national situation

As per national situation


Last update: 08/11/2019

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.

Aan de vertaling in het Nederlands wordt momenteel gewerkt.
De volgende vertalingen zijn al beschikbaar

Costs of proceedings - Luxembourg

On this page, you will find information on court costs in the Grand Duchy of Luxembourg.

Regulatory framework governing fees of legal professions

Bailiffs

The fees charged by bailiffs (huissiers de justice) are regulated by a Grand-Ducal Regulation, the amended Grand-Ducal Regulation of 24 January 1991 setting rates for bailiffs. You will find information on this subject on the website of the Link opens in new windowBailiffs Association of the Grand Duchy of Luxembourg.

Lawyers

By virtue of Article 38 of the amended Act of 10 August 1991 regarding the profession of lawyer (avocat), a lawyer's total fees and professional expenses are set by the lawyer. When determining their fees, lawyers take the different elements of the case file into consideration, such as the importance of the case, the level of difficulty, the result achieved and the client’s financial situation. Where the amount calculated is found to be excessive, it may be lowered by the Bar Council (Conseil de l'Ordre), which will first examine the different elements of the case in question. You will find information on this subject at the website of the Link opens in new windowLuxembourg Bar.

Fixed court costs

Fixed court costs in civil proceedings

There are no fixed costs involved in bringing a dispute before a civil court other than bailiffs' and lawyers' fees. In principle, no court costs are incurred in the civil courts. Following judgment, there may be costs incurred to enforce the decision at the request of the successful party.

Court costs in criminal proceedings

Fixed costs payable by all parties to a criminal proceeding

The fee for an authentic copy of a criminal judgment is EUR 0.25 per page. There are no other expenses, apart from copies of criminal court records, which are usually charged at the same rate per page copied for the lawyer requesting it.

When must a party pay fixed costs?

Pursuant to Article 59 of the Code of Criminal Procedure (CIC), ‘A civil party who initiates a criminal prosecution [i.e. by lodging a criminal complaint] must, unless receiving legal aid, deposit the amount deemed necessary to cover the costs of the proceedings with the court registrar.

The investigating judge (juge d'instruction) shall issue an order recording the filing of the complaint. The judge shall determine the amount of the deposit on the basis of the financial means of the civil party and shall set the deadline by which it must be paid, failing which the complaint shall not be accepted. The judge may, however, waive the requirement for a deposit for civil parties lacking sufficient means.’

However, this procedure is specific to criminal complaints lodged with the investigating judge by parties who also wish to bring a civil action. Complaints and reports of offences made to public prosecutors, and applications made to a trial judge by parties asking to be treated as civil parties (when a complaint is lodged during the proceedings, at the time of the court hearing) do not incur court costs.

Court costs for constitutional cases

There are no specific fixed fees in this field.

What prior information should be provided by a legal representative (lawyer)?

Information concerning the rights and obligations of the parties

According to the principles of the Amended Internal Regulation of 16 March 2005 of the Luxembourg Bar Council, legal representatives (lawyers) are obliged to provide prior information to parties contemplating proceedings. This information must place them in a position to understand their rights and obligations, their chances of success and the costs they might have to pay, including costs incurred should they lose the trial.

Where can I find additional information on court costs?

Where can I find information on court costs in Luxembourg?

  • Mainly in the legislation and Internet sources mentioned,
  • At the Reception and Legal Information Service of the Public Prosecutor’s Office (Parquet général),
  • Through special free consultations on women’s rights organised by the Public Prosecutor’s Office.

In what languages can information on court costs in Luxembourg be found?

  • In French for legislation;
  • in English, German, French and Luxembourgish for other information, including information provided orally by the reception services and bodies mentioned above.

Where can I find information on mediation?

Information on mediation is available from the Link opens in new windowLuxembourg Association of Mediation and Professional Mediators (ALMA Asbl), the Link opens in new windowMediation Centre of the Luxembourg Bar (CMBL) and the Link opens in new windowMinistry of Justice.

Legal aid

What is the maximum income threshold for obtaining legal aid in civil matters or as a defendant in criminal proceedings?

What are the circumstances in which an application can be made for legal aid and what conditions apply?

Natural persons with insufficient means are entitled to legal aid to defend their interests in the Grand Duchy of Luxembourg, provided they are Luxembourg nationals, foreign nationals authorised to settle in the country, nationals of a Member State of the European Union, or foreign nationals deemed equivalent to Luxembourg nationals for legal aid purposes by virtue of an international treaty.

Legal aid may also be granted to foreign nationals whose home or residence is in another Member State of the European Union, with the exception of Denmark, for any civil or commercial proceedings in relation to cross-border cases within the scope of Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border cases by establishing minimum common rules relating to legal aid for such disputes.

Legal aid may also be granted in civil or criminal cases to persons mentioned in the first paragraph whose usual home or residence is in Luxembourg in order to obtain the legal advice of a lawyer in Luxembourg, including the preparation of an application for legal aid to be submitted in another Member State of the European Union, until such time as the application for legal aid has been received there, in accordance with the aforementioned Council Directive 2003/8/EC.

Legal aid may also be granted to any other foreign national with insufficient means in proceedings relating to their right to asylum, entry, residence, settlement or removal. Where such foreign nationals are considered to qualify for the right to have a lawyer designated by the Chairman (Bâtonnier) of the Bar by virtue of other legislation, they receive legal aid, limited to the lawyer’s allowance, provided only that they can show they have insufficient means.

Means testing of natural persons applying for legal aid is based on their total gross income and wealth and that of the members of the household, in accordance with Articles 19(1) and 20 of the amended Act of 29 April 1999 establishing the right to a guaranteed minimum income, and within the limits determined in Article 5(1), (2), (3), (4) and (6) of that Act. However, the means of other people living in the household are not taken into consideration if the proceeding involves a dispute between spouses or persons usually living together in the same home, or where there is a conflict of interest between them regarding the subject-matter of the dispute, making a separate evaluation of financial means necessary.

If the applicant is a minor implicated in legal proceedings, entitlement to legal aid is granted to him or her independently of the financial situation of the parents or other members of the household, without prejudice to the right of the State to request the reimbursement of the expenses incurred for legal aid for the minor from a father or mother possessing sufficient means.

Legal aid may also be granted to persons who would be excluded on the basis of means testing if serious reasons relating to the social, family or material situation of the applicant justify such treatment.

What are the implementing arrangements for legal aid?

The arrangements for implementing legal aid are laid down in a Grand-Ducal Regulation.

Legal aid is granted in extra-judicial and judicial matters, in non-contentious or contentious matters, to plaintiffs or defendants.

It applies to any action brought before the ordinary courts or the administrative courts.

It may be requested during the course of the proceedings for which it is sought, and if granted may be retroactive with effect from the day the proceedings were initiated or any other date decided by the Chairman of the Bar.

It may also be granted for measures to preserve the status quo pending other proceedings and to execute judgments or any other enforceable instrument.

However, it cannot be granted to owners, holders or drivers of automotive vehicles for disputes relating to such vehicles, or to shopkeepers, industrialists, or craftsmen or professionals in relation to disputes concerning their business or professional activity, except in cases of duly substantiated hardship; nor, in general, can it be granted for disputes regarding speculative activity by the person applying for legal aid.

The Chairman of the Bar may, however, grant legal aid for the cases referred to in the preceding paragraph within the framework of cross-border disputes covered by Council Directive 2003/8/EC of 27 January 2003.

With regard to criminal proceedings, legal aid does not cover the costs and penalties imposed in the event of conviction.

In civil cases, legal aid does not cover flat‑rate legal costs awarded to a successful party (indemnités de procédure) or compensation for abuse of process and vexatious proceedings.

Legal aid is refused to persons bringing an action which appears to be manifestly inadmissible, without merit or unreasonable or whose aim seems disproportionate in relation to the potential costs.

Legal aid is refused if the applicant is entitled, for whatever reason, to the reimbursement by a third party of sums to be paid by legal aid.

Beneficiaries of legal aid are entitled to the assistance of a lawyer and any law officer whose collaboration is necessitated by the cause, the action, or its enforcement.

The decision to assign legal aid

The Chairman of the Bar or a member of the Bar Council appointed by the former for the purpose in the applicant’s district of residence decides whether to assign legal aid. For non-residents the decision is taken by the Chairman of the Luxembourg Bar or a member of the Bar Council appointed by the former for the purpose.

Persons with insufficient means apply to the Chairman of the Bar either at a hearing or in writing.

If a person detained by the police claims entitlement to legal aid and requests it, the lawyer assisting the applicant during their detention submits the application to the Chairman of the Bar.

Where the investigating judge appoints a lawyer for an accused claiming entitlement to and applying for legal aid, the investigating judge submits the application to the Chairman of the Bar.

The Chairman of the Bar verifies the claim of insufficient means and, if it is substantiated, allows legal aid for the applicant and appoints a lawyer freely chosen by the latter or, where no lawyer has been chosen by the applicant, or the Chairman of the Bar deems their choice of lawyer to be inappropriate, the lawyer of the Chairman's own choice. Except on grounds of impediment or conflict of interest, lawyers must accept instructions entrusted to them in this way.

In cases of emergency, temporary allowance of legal aid may be assigned, without further formality, by the Chairman of the Bar for the steps the Chairman determines.

Application for legal aid by a minor

If the Chairman of the Bar allows an application for legal aid by a minor whose parents dispose of means such that the minor would not fall within the category of persons with insufficient means, the decision as to whether the minor qualifies for legal aid is communicated to them with a statement indicating that the State is entitled to require the parents jointly and severally to reimburse the amounts paid by the State in respect of legal aid for the minor.

Within ten days of the date of notification of this decision by the Chairman of the Bar, either parent may lodge an appeal with the Disciplinary and Administrative Council, which gives a final ruling on the matter. The Disciplinary and Administrative Council gives a ruling within forty days of the appeal being lodged.

The Chairman of the Bar sends a copy of the final decision regarding the minor’s entitlement to legal aid to the Minister of Justice.

The Land Registration and Estates Administration, at the request of the Minister of Justice, is responsible for the recovery of the sums paid by the Government in respect of legal aid for a minor from parents disposing of sufficient means.

Withdrawal of legal aid

The Chairman of the Bar will withdraw an entitlement to legal aid assigned to the applicant even after the proceedings, or after the measures for which it was granted have been completed, if this entitlement is found to have been obtained by incorrect statements or documents. The Chairman of the Bar may withdraw the right to legal aid if the beneficiary accrues financial means during the proceedings or during the completion of these measures or as a result of such proceeding or measures which, had they existed on the day that legal aid was requested, would have precluded any such entitlement. Any changes of this nature must be declared to the Chairman of the Bar by the beneficiary or by the lawyer appointed.

The withdrawal of legal aid renders all costs, charges, fees, allowances, payments, emoluments, deposits and advances of any nature already covered on behalf of applicant immediately payable.

The decision of the Chairman of the Bar declaring the withdrawal of legal aid is communicated to the Minister of Justice immediately. The Land Registration and Estates Administration is responsible for proceeding with the recovery from the beneficiary of the amounts disbursed by the State.

Appeal against the withdrawal of legal aid

The applicant may lodge an appeal against the Chairman of the Bar’s decision to refuse or withdraw their legal aid entitlement with the Disciplinary and Administrative Council. Appeals are lodged with the Chairman of the Disciplinary and Administrative Council by letter sent by registered post within 10 days of notification of the Chairman of the Bar’s decision. The Disciplinary and Administrative Council, or one of its members appointed for this purpose, hears the explanations of the applicant.

It is possible to file a further appeal against the decision of the Disciplinary and Administrative Council with the Disciplinary and Administrative Appeals Council. By way of derogation, appeals must be lodged within a period of fifteen days.

Notaries and bailiffs are officially appointed by the court dealing with the matter to assist persons entitled to legal aid. In the absence of their appointment by the court seized, notaries are officially appointed by the Chairman of the Notarial Association (Président de la Chambre des Notaires) and bailiffs are officially appointed by the Chairman of the Bailiffs Association (Président de la Chambre des Huissiers de Justice).

Arrangements for granting legal aid are prescribed by Grand-Ducal Regulation; the same applies to the costs covered by legal aid, the circumstances and procedures for recovery by the State of sums disbursed for legal aid and the procedures according to which lawyers who agree to assist persons with insufficient means are compensated by the State, without prejudice to their right to fees if the financial situation of that person, due to the outcome of the proceeding or for other reasons, improves.

All public authorities are obliged to provide their assistance for the preparation of the documentation required to submit applications for legal aid and to verify such applications, and may not invoke professional or administrative secrecy.

What is the maximum salary threshold to qualify for legal aid for victims of crime?

Means testing of natural persons applying for legal aid is based on their total gross income and wealth and that of the members of the household, in accordance with Articles 19(1) and 20 of the amended Act of 29 April 1999 establishing the right to a guaranteed minimum income, and within the limits determined in Article 5(1), (2), (3), (4) and (6) of that Act. However, the means of other people living in the household are not taken into consideration if the proceeding involves a dispute between spouses or persons usually living together in the same home, or where there is a conflict of interest between them regarding the subject-matter of the dispute, making a separate evaluation of financial means necessary.

Are there other conditions for obtaining legal aid as a victim of crime?

No, there are no other conditions for obtaining legal aid as a victim of crime.

Are there other conditions governing legal aid entitlement for defendants?

No, there are no other conditions governing legal aid entitlement for defendants.

Are there proceedings that are free of charge?

No, there are no other proceedings that are free of charge.

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

In civil matters

The losing party will be ordered to pay costs, but the court will decide by special and reasoned decision whether the entirety or a fraction of the costs should be awarded against another party.

When it would be inequitable to leave one of the parties with the liability of settling expenses incurred by that party and which are not included as costs, the judge can order the other party to make such payment as he or she sees fit.

The rules are laid down by the New Code of Civil Procedure and by the Grand-Ducal Regulation of 21 March 1974 on the fees and remuneration payable to solicitors (avoués) and lawyers.

In criminal matters

When the court finds against the defendant and those civilly liable for the offence, or against a party bringing a civil action joined to the criminal action, the costs, including the public prosecutor's costs, are awarded against them. If the criminal prosecution was initiated by a civil party bringing a civil action, and that party loses the case, that party is personally liable for all the costs of the proceedings. If the civil party merely joined an action brought by the public prosecutor’s office, they will be liable only for the costs incurred as a result of their participation.

When it would be inequitable to leave one of the parties with the liability of settling expenses incurred by that party and which are not included as costs, the court can order the other party to make such payment as it sees fit.

The rules are laid down by the Code of Criminal Procedure and by the Grand-Ducal Regulation of 21 March 1974 on the fees and remuneration payable to solicitors and lawyers.

Experts’ fees

Each party must pay the fees of their experts.

Translators’ and interpreters’ fees

Each party must pay the fees of their translators and interpreters.

Related documents

Luxembourg Report on the Cost Transparency StudyPDF(551 Kb)en

Last update: 19/02/2014

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.

Costs of proceedings - Hungary

This page offers you information about the costs of justice in Hungary. For a more in-depth analysis on the costs of proceedings, please consult the following case studies:

Link opens in new windowFamily law - Divorce (Családjog - válás)

Link opens in new windowFamily law – custody of the children (Családjog - szülői felügyeleti jog)

Link opens in new windowFamily law – alimony (Családjog - tartásdíj)

Link opens in new windowCommercial law – contract (Kereskedelmi jog - szerződés)

Link opens in new windowCommercial law – responsibility (Kereskedelmi jog - felelősség)

Regulatory framework governing the fees of legal professions

  • Bailiffs

The amount of the bailiff’s fee depends on the purpose of the enforcement order (végrehajtható okirat) issued (whether it is to collect a debt or enforce a specific action). If the enforcement involves the collection of a debt (pénzkövetelés behajtása), the bailiff’s fee is proportional to the amount of the debt to be collected. If the enforcement involves a higher claim, the bailiff is paid a higher fee. If the duty involves the enforcement of a specific action (meghatározott cselekmény végrehajtása), the fee depends on how long this takes.

  • Attorneys (ügyvéd)

The Hungarian word ügyvéd is used for attorneys, advocats, solicitors, lawyers, and barristers. As a general rule, an attorney’s fee is set by agreement between the party and the attorney. If no settlement is reached, the fee is decided by the court on the basis provided in law (5 percent of the claimed amount and at least 10,000 HUF). The parties can ask the judge to apply the fee stipulated by law if they do not want the settlement to become public.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

In first instance cases, the fee (illeték) for court proceedings is 6 percent of the value of the claim (between a minimum of 10, 000 HUF and a maximum of 900,000 HUF). If the value of the claim cannot be determined, the law stipulates that 6% of a fictitious amount is to be paid.

The costs/duties of the court are always determined by law, as well as in the following cases:

  • Divorce procedures (házassági bontóper): 12,000 HUF
  • Labour court procedures(munkaügyi per): 7,000 HUF
  • Administrative procedures, except for cases on competition, public procurement, tax and electronic communication (közigazgatási határozat bírósági felülvizsgálata iránti eljárás): 20,000 HUF
  • Administrative extrajudicial procedures (közigazgatási nemperes eljárás): 7500 HUF
  • Cost of general procurement (általános meghatalmazás): 18,000 HUF
  • Insolvency procedures: liquidation 50,000 HUF; bankruptcy 30,000 HUF
  • In cases involving business associations without the status of legal persons (jogi személyiséggel nem rendelkező gazdálkodó szervezet): liquidation 25,000 HUF, bankruptcy 20,000 HUF
  • Arbitration: 1 percent (a minimum of 5000 HUF and a maximum of 250,000 HUF). If the value of the claim cannot be calculated, the fee is 10 000 HUF
  • Order for payment (fizetési meghagyás): 3 percent (a minimum of 5000 HUF and a maximum of 300,000 HUF).
  • Appeal: 6 percent (a minimum of 10,000 HUF, a maximum of 900,000 HUF)
  • Reopening a procedure (perújítás): fees must be paid again
  • Motion for review (felülvizsgálati kérelem): 6 percent in the case of decisions (a minimum of 10,000 HUF, a maximum of 2,500,000 HUF); in the case of orders (végzés), half of the costs payable for decisions (a minimum of 7000 HUF, a maximum of 1,250,000 HUF).

Stage of the civil proceeding where fixed costs must be paid

The obligation to pay court duties in civil proceedings arises when the request for litigation is made. Therefore, the court duties must be paid together with the request of litigation. If the party does not pay the court duties, or pays less than is required by law, the court must ask him/her to pay the remaining court duties on submission of the request. The court must also inform the party that the application will be rejected if the court duties are not paid in full.

The payment of the attorney's fee based on an agreement between the party and the attorney. The bailiff’s fee must be paid in advance at the beginning of the enforcement procedure.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

In the case of proceedings conducted solely under private prosecution involving private actions (magánvádas eljárás):

  • The fee for an impeachment procedure (feljelentés) is 5000 HUF
  • The fee for lodging an appeal is 6000 HUF
  • The fee for submitting a motion for review or re-opening a case is 7000 HUF

If a civil justice claim (polgári jogi igény) arises from criminal proceedings, the only fees payable are for filing the application and the appeal.

Stage of the criminal proceeding where fixed cost must be paid

Fixed costs must be paid at the beginnig of the procedure on the document initiating the procedure by way of a stamp.

Fixed costs in constitutional proceedings

According to article 28 of Act XXXII of 1989 (az 1989. évi XXXII. törvény 28. cikke), proceedings before the Constitutional Court (Alkotmánybíróság) are free of costs.

However, an applicant who does not act in good faith when submitting a motion may have to pay costs.

Prior information to be provided by legal representatives

Rights and obligations of the parties

When practising their profession – with the means and in the manner provided for by law – attorneys help their clients to assert their rights and fulfil their obligations. Legal advisers (jogtanácsos) also help assert the rights of the organisations they represent.

This obligation covers the duty to provide the necessary information about rights and obligations, chances of success and the foreseeable costs of proceedings.

Costs sources

Where can I find information on cost sources in Hungary?

Information about cost sources is available on the homepage of the European Judicial Network (Európai Igazságügyi Hálózat):

The homepage of the Link opens in new windowBudapest Bar Association (Budapesti Ügyvédi Kamara) also contains information on attorneys’ fees.

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

Information on cost sources is available on the homepage of the European Judicial Network. Here you can find the relevant information in every official language of the European Union.

The homepage of the Budapest Bar Association contains information on costs in Hungarian only.

Where can I find information on mediation?

Information on mediation may be found on the following websites:

Where can I find additional information on costs?

Available website on cost information

You can find additional information concerning costs on the website of the Link opens in new windowBudapest Bar Association

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

Information on the length of proceedings can be found on the website of the Link opens in new windowCourts of the Hungarian Republic (Magyar Köztársaság Bíróságai).

Other relevant links are:

Information on statistical tables is available in Hungarian only.

Value Added Tax (hozzáadottérték-adó)

How is this information provided?

The costs indicated above for attorneys are net costs, so VAT (HÉA) will be added.

What are the applicable rates?

In Hungary, the VAT rate was 20 percent until 1st July 2009, after which it increased to 25 percent.

Legal aid (költségmentesség)

Applicable income threshold in the area of civil justice

There are two minimums:

  1. The net sum of the minimum retirement pension (now 28,500 forint), below which all legal aid assistance is free of charge.
  2. 43 percent of the average national income (the sum is now 72,000 forint), above which no aid is available.

Legal aid payments can be made in advance.

Applicable income threshold in the area of criminal justice for defendants

In criminal proceedings, the suspect or the accused may receive free legal representation if:

  • He or she is free of charges based on his or her personal conditions – the income threshold for this is in case of persons living alone, the double of the net minimum pension (it is now 28500 forint) in case of persons living in one household the net minimum pension per person
  • In the case of obligatory legal representation, if the accused does not have a defense attorney. In this case, if the defendant is sentenced in the proceeding he has to pay back the fee of service to the state.

Applicable income threshold in the area of criminal justice for victims

The income threshold is 86 percent of the average national income (approximately 130 000 forint). Legal assistance for victims includes legal representation.

Other conditions attached to the granting of legal aid for victims

Besides the set income thresholds, the victim must fulfil two other conditions:

  • He or she must make an impeachment/complaint
  • He or she must obtain a certificate from the authority responsible for assisting victims. The certificate must contain proof of certain conditions (that he/she turned to the relevant authority within the time limit foreseen in law)

Other conditions attached to the granting of legal aid for defendants

There are no other conditions attached to granting legal aid to defendants.

Cost-free court proceedings

The following are exempt from duty in civil cases:

  • the proceedings if the court ex officio rejects or has to reject the petition without the issue of a subpoena;
  • proceedings for legal remedy instituted against decisions in cases of exemption from charges and rights of pre-notation of duty(when the state prepays costs instead of the party);
  • in actions for divorce, the counter-action instituted with regard to the marriage;
  • proceedings related to the declaration of death and the establishment of the fact of death, if disappearance or death took place in consequence of an event of war or natural disaster;
  • proceedings for the registration of foundations, public foundations, non-governmental organizations, public corporations, European groupings of territorial cooperation. Furthermore, proceedings for the registration of Employee Stock Ownership Plan organizations and for the approval of participation in a European grouping of territorial cooperation;
  • petitions for the dissolution of terminated firms, including the petitions lodged in simplified dissolution procedures with the name of the receiver indicated;
  • petitions for the correction, and/or supplementation of decisions;
  • proceedings related to the electoral roll;
  • proceedings related to reported changes upon being registered in the register of legal advisors;
  • appeals against resolutions prescribing transfer;
  • court review of administrative decisions passed in indemnification cases;
  • tax settlement proceedings of local governments;
  • proceedings initiated by independent court bailiffs in connection with judicial enforcement proceedings, and the proceedings initiated for the enforcement of court decisions (court settlement) adopted in accordance with Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, and Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000;
  • proceedings instituted on the basis of favourable decision by the Constitutional Court.
  • any lawsuit in connection with the protection of personal data and access to information of public interest.
  • the court review of an administrative decision for the authorization of legal aid.
  • non-judicial proceedings for the review of resolutions for preliminary injunction or a temporary restraining order, or preventive injunction granted pursuant to specific other legislation in connection with domestic violence.
    • the judicial review of an administrative decision adopted on the subject of aid to crime victims.

The followings are exempt from duty in criminal proceedings:

  • in proceedings conducted solely under private prosecution, the appeal, petition for reopening the case and motion for review filed by the defendant and the defense counsel;
  • proceedings conducted solely under private prosecution, if the court dismisses the case prior to the commencement of personal hearing, or if the case is dismissed due to clemency;
  • the petition for clemency or court dispensation if submitted by the defendant or the defense counsel.
  • the proceeding for the authorization of personal exemption from charges.
  • the one-time provision of copies of documents to the defendant, the defense attorney or the legal representative of a minor who has been accused of a crime.
  • a copy of the accusation report provided to the accuser.

Besides the subject-oriented exemption, personal duty exemption may also be granted.

Personal exemption is granted among others to non-governmental organisations, public corporations, churches, association of churches, religious institutions, foundations, public foundations, non-profit business associations of the status of public benefit organization or priority public benefit organization, the North Atlantic Treaty Organization, the European Communities, their institutions and bodies, agencies and separate funds.

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

In its final decision, the court requires that the losing party pay the costs incurred by the winning party within a period of 30 days. The losing party pays the costs directly to the winning party and, if she or he fails to do so, enforcement proceedings are initiated.

Experts’ fees

As a general rule, the experts’ fees are paid by the losing party, and if (in specific cases) the state is responsible for paying the costs, it also bears the costs of experts. Where the costs are prepaid by the state, experts’ fees are also included.

Translators' and interpreters' fees

As a general rule, translators' and interpreters' fees are paid by the losing party, and if (in specific cases) the state is responsible for paying the costs, it also bears the costs of experts. Where the costs are prepaid by the state, these fees are also included.

Related Links

Link opens in new windowHomepage of the Budapest Bar Association (A Budapesti Ügyvédi Kamara honlapja)

Related Attachments

Hungary's report of the Study on Transparency of costsPDF(533 Kb)en (Magyarország jelentése a költségek átláthatóságáról szóló tanulmányról)

Last update: 08/11/2019

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.

Case study 1 - family law - divorce - Hungary

In this case study on family law concerning divorce, Member States were asked to advise the party that filed for divorce on litigation costs under the following circumstances:

Case A – National matter: A couple gets married. Later they separate and agree to a divorce.

Case B – Transnational matter: Two nationals from the same Member State (Member State A) get married. The marriage is registered in Member State A. After the wedding, the couple relocates 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 Hungary

Costs of alternative dispute resolution (ADR)


Case study

Alternative dispute resolution (ADR)

Is such an option available for this type of case?

Costs

Case A

Yes, but only as regards agreement on issues concerning the dissolution of marriage, such as the custody and financial support of children, contact between parent and child, conjugal maintenance, the use of jointly owned real estate and the distribution of jointly owned property. The court, however, still needs to approve the agreement reached by the parties.

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Case B

Yes, but only as regards agreement on issues concerning the dissolution of marriage. The court, however, still needs to approve the agreement reached by the parties.

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Attorney, bailiff and expert fees


Case study

Attorney

Bailiff

Expert

Is legal representation compulsory?

Average costs

Is legal representation compulsory?

Must it be made use of?

Costs

Case A

No

As agreed by the client and the attorney.

No

No The court may appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert determines his/her fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Case B

No

As agreed by the client and the attorney.

No

No The court shall appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert determines his/her fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.


Costs for witness compensation, deposits, securities and other relevant fees


Case study

Witness compensation

Are witnesses eligible for compensation?

Costs

Case A

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Case B

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Costs for legal aid and the reimbursement of expenses



Case study

Legal aid

Reimbursement of expenses

When and under what conditions is it applicable?

When is full legal aid available?

Can the successful party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of costs covered?

What costs may not be reimbursed?

Are there instances when legal aid must be reimbursed?

Case A

See section on legal aid.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant.

Legal assistance is free of charge within the framework of legal aid, below an income threshold equal to the minimum retirement pension.

Yes, the losing party must be ordered to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be ordered to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Case B

See the section on legal aid.

The decision on granting legal aid may take into account the cost of living in each party's country of residence.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant.

Legal assistance is free of charge within the framework of legal aid, below an income threshold equal to the minimum retirement pension.

Citizens of EU Member States and citizens of non-EU States who reside legally in an EU Member State are eligible to receive legal aid under the same conditions as Hungarian citizens.

Yes, the losing party must be ordered to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be ordered to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Costs for translation and interpretation


Case study

Translation

Interpretation

When and under what conditions is it required?

Approximate cost

When and under what conditions is it required?

Approximate cost

Case A

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Case B

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Last update: 08/11/2019

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.

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

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.

Costs in Hungary

Costs of alternative dispute resolution (ADR)


Case study

Alternative dispute resolution (ADR)

Is such an option available for this type of case?

Costs

Case A

Yes. If the parents cannot agree on how and when the right of access may be exercised, they may request mediation on child-welfare grounds. Mediation may also be requested during an enforcement procedure. Within two years of a court decision on the right of access becoming final, petitions for altering the decision may be lodged only with the same court, which retains the authority to decide.

As agreed by the parties and the mediator.

Case B

Yes. If the parents cannot agree on how and when the right of access may be exercised, they may request mediation on child-welfare grounds. Mediation may also be requested during an enforcement procedure. If more than two years have passed since the conclusion of the divorce or the lawsuit for custody of the child, the guardianship office may approve the parents' agreement or, at their request, decide on the right of access.

As agreed by the parties and the mediator.

Attorney, bailiff and expert fees


Case study

Attorney

Bailiff

Expert

Is legal representation compulsory?

Average costs

Is legal representation compulsory?

Must it be made use of?

Costs

Case A

No

As agreed by the client and the attorney.

No

No The court shall appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert determines his/her fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Case B

No

As agreed by the client and the attorney.

No

No The court shall appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert determines his/her fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Witness compensation


Case study

Witness compensation

Are witnesses eligible for compensation?

Costs

Case A

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Case B

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Costs for legal aid and the reimbursement of expenses



Case study

Legal aid

Reimbursement of expenses

When and under what conditions is it applicable?

When is full legal aid available?

Can the successful party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of costs covered?

What costs may not be reimbursed?

Are there instances when legal aid must be reimbursed?

Case A

See the section on legal aid.

Irrespective of their income or financial situation, the parties have a right to the deferral of payments – suspended payment of specific costs – in lawsuits on custody and transfer of a child or on the right of access, among others.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant.

Legal assistance is free of charge within the framework of legal aid, below an income threshold equal to the minimum retirement pension.

Yes, the losing party must be ordered to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be ordered to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Case B

See the section on legal aid.

Irrespective of their income or financial situation, the parties have a right to the deferral of payments – suspended payment of specific costs – in lawsuits on custody and transfer of a child or on the right of access, among others.

The decision on granting legal aid may take into account the cost of living in each party's country of residence.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant.

Legal assistance is free of charge within the framework of legal aid, below an income threshold equal to the minimum retirement pension.

Citizens of EU Member States and citizens of non-EU States who reside legally in an EU Member State are eligible to receive legal aid under the same conditions as Hungarian citizens.

Yes, the losing party must be ordered to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be required to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Costs for translation and interpretation


Case study

Translation

Interpretation

When and under what conditions is it required?

Approximate cost

When and under what conditions is it required?

Approximate cost

Case A

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Case B

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Last update: 08/11/2019

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.

Case study 3 - family law - alimony - Hungary

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 Hungary

Costs of alternative dispute resolution (ADR)


Case study

Alternative dispute resolution (ADR)

Is such an option available for this type of case?

Costs

Case A

Yes, but the claim for alimony is enforceable only if it is formalised in an executory document (a court or public notary may add an enforcement clause to a document).

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Case B

Yes, but the claim for maintenance is enforceable only if it is formalised in an executory document (a court or public notary may add an enforcement clause to a document).

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Attorney, bailiff and expert fees


Case study

Attorney

Bailiff

Expert

Is legal representation compulsory?

Average costs

Is legal representation compulsory?

Must it be made use of?

Costs

Case A

No

As agreed by the client and the attorney.

No

No The court may appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert determines his/her fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Case B

No

As agreed by the client and the attorney.

No

No The court may appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert determines his/her fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Witness compensation


Case study

Witness compensation

Are witnesses eligible for compensation?

Costs

Case A

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Case B

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Costs for legal aid and the reimbursement of expenses



Case study

Legal aid

Reimbursement of expenses

When and under what conditions is it applicable?

When is full legal aid available?

Can the successful party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of costs covered?

What costs may not be reimbursed?

Are there instances when legal aid must be reimbursed?

Case A

See the section on legal aid.

Irrespective of their income or financial situation, parties have a right to the deferral of payments – suspended payment of specific costs – in lawsuits on statutory maintenance, including lawsuits for collecting alimony from entities disbursing the obliged party's allowances or from other third parties, cancelling maintenance or changing the amount paid, abating or restricting the executory collection of alimony, and proceedings for obtaining the personal details of the obliged party in transnational maintenance disputes.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant.

Legal assistance is free of charge within the framework of legal aid, below an income threshold equal to the minimum retirement pension.

Yes, the losing party shall be obliged to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be ordered to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Case B

See the section on legal aid.

Irrespective of their income or financial situation, parties have a right to the deferral of payments – suspended payment of specific costs – in lawsuits on statutory alimony.

The decision on granting legal aid may take into account the cost of living in each party's country of residence.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant.

Legal assistance is free of charge within the framework of legal aid, below an income threshold equal to the minimum retirement pension.

Citizens of EU Member States and citizens of non-EU States who reside legally in an EU Member State are eligible to receive legal aid under the same conditions as Hungarian citizens.

Yes, the losing party shall be obliged to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be ordered to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Costs for translation and interpretation


Case study

Translation

Interpretation

When and under what conditions is it required?

Approximate cost

When and under what conditions is it required?

Approximate cost

Case A

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Case B

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Last update: 08/11/2019

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.

Case study 4 - commercial law - contract - Hungary

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 Hungary

Costs of alternative dispute resolution (ADR)

Case study

Alternative dispute resolution (ADR)

Is such an option available for this type of case?

Costs

Case A

Yes

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Case B

Yes

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Attorney, bailiff and expert fees

Case study

Attorney

Bailiff

Expert

Is legal representation compulsory?

Average costs

Is legal representation compulsory?

Must it be made use of?

Costs

Case A

No

As agreed by the client and the attorney.

No

No The court shall appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert generally determines his/her own fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Case B

Yes. The general courts have jurisdiction to rule on claims relating to international agreements on the carriage and forwarding of goods (Section 23(1)(d) of Act III of 1952 on civil procedure), and legal representation is mandatory at all stages of lawsuits under the first instance jurisdiction of general courts, as well as during appeals, unless the case falls under an exclusion clause (Section 73/A(1)(b) of Act III of 1952).

As agreed by the client and the attorney.

No

No The court shall appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert determines his/her fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Witness compensation

Case study

Witness compensation

Are witnesses eligible for compensation?

Costs

Case A

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Case B

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Costs for legal aid



Case study

Legal aid

When and under what conditions is it applicable?

Case A

Economic operators are not entitled to legal aid.

Case B

Economic operators are not entitled to legal aid.

Costs for translation and interpretation

Case study

Translation

Interpretation

When and under what conditions is it required?

Approximate cost

When and under what conditions is it required?

Approximate cost

Case A

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 – 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Case B

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 – 12 000 per hour. The State bears or pays in advance the interpreter's fees in cases where interpreting is mandated by law.

Last update: 08/11/2019

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.

Case study 5 - commercial law - responsibility - Hungary

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 Hungary

Costs of alternative dispute resolution (ADR)

Case study

Alternative dispute resolution (ADR)

Is such an option available for this type of case?

Costs

Case A

Yes

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Case B

Yes

As agreed by the parties and the mediator.

Anyone involved in new or on-going proceedings may request mediation at the court, which is free of charge.

Attorney, bailiff and expert fees


Case study

Attorney

Bailiff

Expert

Is legal representation compulsory?

Average costs

Is legal representation compulsory?

Must it be made use of?

Costs

Case A

No

As agreed by the client and the attorney.

No

No The court shall appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert generally determines his/her own fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Case B

No

As agreed by the client and the attorney.

No

No The court may appoint an expert at the request of the party providing evidence, except where it may initiate the taking of evidence ex officio. Either of the parties may also submit the opinions of private experts.

The expert generally determines his/her own fee. If the court orders the taking of evidence ex officio, the fee is established pursuant to the relevant legislation in force.

Witness compensation


Case study

Witness compensation

Are witnesses eligible for compensation?

Costs

Case A

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Case B

Yes

Witness compensation is regulated by law. Witnesses are entitled to reimbursement of their travel, accommodation and subsistence costs, and compensation for their period of absence from work.

Costs for legal aid and the reimbursement of expenses



Case study

Legal aid

Reimbursement of expenses

When and under what conditions is it applicable?

When is full legal aid available?

Can the successful party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of costs covered?

What costs may not be reimbursed?

Are there instances when legal aid must be reimbursed?

Case A

See the section on legal aid.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant. For more information, see the section on legal aid.

Yes. The losing party must be ordered to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be ordered to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Case B

See the section on legal aid.

In cases where, based on information available at the time, the estimated legal costs are likely to render access to the court impossible for the applicant. For more information, see the section on legal aid.

Foreign nationals bringing legal action may only benefit from legal aid pursuant to international agreements concluded by the Hungarian State or as a matter of reciprocity.

Citizens of EU Member States and citizens of non-EU States who reside legally in an EU Member State are eligible to receive legal aid under the same conditions as Hungarian citizens.

Yes. The losing party must be ordered to reimburse the costs of the successful party, except where otherwise provided for by law, including where the law obliges another party to bear the costs irrespective of the court's decision.

In the event of partial success in a lawsuit, the amount to be reimbursed shall be commensurate with the successful part of the claim and the advance payments made by each party. The court may also order each party to bear its own costs.

In justified cases, the court may reduce attorneys' fees it deems unreasonably high.

The parties may not be ordered to bear costs incurred due to (otherwise preventable) reasons attributable to the court.

Reimbursement of legal costs to parties may not exceed the amount claimed by them.

Yes, if it is found that the party benefiting from legal aid was not eligible to receive it.

The losing party must reimburse the appointed public attorney's fee, which was paid in advance by the State, directly to the State.

The losing party must pay the administrator's fee, even if it is eligible for legal aid.

Costs for translation and interpretation

Case study

Translation

Interpretation

When and under what conditions is it required?

Approximate cost

When and under what conditions is it required?

Approximate cost

Case A

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour.

Case B

If a party does not speak or understand Hungarian.

The translator determines his/her fee. The fee is calculated based on the character count (approx. HUF 5 per character), the deadline and the source language. Translation costs incurred in connection with evidence provided and submissions made by parties entitled to use their native, regional or minority language during civil proceedings are paid in advance on their behalf by the State. These costs are subsequently governed by the provisions on the recovery of legal costs.

If a party does not speak or understand Hungarian.

The interpreter determines his/her fee. The hourly fee depends on the language used. Approximately HUF 10 000 to 12 000 per hour.

Last update: 08/11/2019

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.

Costs of proceedings - Malta

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

Link opens in new windowFamily law – custody of the children

Link opens in new windowFamily law – alimony

Link opens in new windowCommercial law – contract

Link opens in new windowCommercial law – responsibility

Regulative framework governing fees of legal professions

The fees charged by legal practitioners are regulated by Tariff E of the Code of Organisation and Civil Procedure (COCP), Chapter 12 of the Laws of Malta.

Lawyers

The fees charged by lawyers are regulated by Tariff E of Schedule A annexed to the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta). Advocates are also guided by the Code of Ethics and Conduct for Advocates when establishing their fee: this is done either by the advocate himself or by agreement between him and his client. This Code of Ethics considers a fee to be reasonable if it in keeping with specific factors, such as the time required, the novelty and difficulty of the issues involved; responsibility undertaken, the time limitations, the nature and length of the professional relationship; the experience, reputation and ability of the advocate, the costs recoverable from the other party.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

Fixed costs for litigants vary depending on the nature of the case and whether it has a monetary value.

Stage of the civil proceeding where fixed costs must be paid

Filing fees and registry fees must be paid when the judicial proceedings are filed.

At the end of a judicial procedure, a bill of costs - including taxes - is produced. If the registry fees calculated turn out to be higher than what was paid when the case was filed, the difference must be calculated and requested from the party who instituted the case.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

No costs are incurred in criminal proceedings.

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

Civil party costs are not awarded in criminal proceedings. Nevertheless, at the end of a case, the court may order the accused to pay all the experts’ expenses incurred by the prosecution.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

Fees for constitutional cases, in the first instance, are as follows:

Filing an application

€58.53

Registry fee

€58.23

Service of acts (per notification)

€6.99

Legal professionals’ fees billed at the end of a case can range from €46.49 to €698.81. Other professional costs that may be incurred in a case are: €46.59 for every minor application filed; €9.32 for every subpoena; €23.29 for an affidavit, €4.66 for copies of acts, and €186.35 for written submissions.

Stage of constitutional proceedings where fixed costs must be paid

The costs are paid when the proceedings are filed.

Prior information to be provided by legal representatives

Rights and obligations of the parties

Lawyers are bound to deal with their clients according to the Code of Ethics drawn up by the Commission for the Administration of Justice. The code gives lawyers various duties towards their clients. However, the obligations mentioned above are not reflected in the code.

Costs to be involved being borne by the successful party

The successful party normally recuperates all judicial costs provided that the judgment orders the unsuccessful party to pay the costs.

Costs to be involved being borne by the unsuccessful party

The unsuccessful party has to pay the costs of the case and those of the successful party.

Costs sources

Where can I find information on cost sources in Malta?

Tariffs A to L of the COCP (Chapter 12 of the Laws of Malta) set out all the various costs and fees due in court procedures. You can access these on the website of the Link opens in new windowMinistry for Justice, Culture and Local Government.

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

All laws are drafted in Maltese and English, as both are the official languages of Malta.

Where can I find information on mediation?

Information on mediation is available from the website of the Link opens in new windowMaltese Arbitration Centre.

Where can I find additional information on costs?

Available website on cost information

The Link opens in new windowLegal Services Section of the Link opens in new windowMinistry for Justice, Culture and Local Government website provides you with:

  • All national main and subsidiary legislation
  • Legal publications, including Acts, Bills, Legal Notices and bye-laws.

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

There is no specific information on the length of the various procedures. However, on the website of the Link opens in new windowCourts of Justice you can find information and statistics on cases being introduced, heard and decided by the courts on a monthly basis, among other data.

Twice a year, an age analysis is published on this site, indicating the age of the cases being heard by each and every judge and magistrate in all civil courts and tribunals.

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

See above.

Value-added tax

How is this information provided?

All registry costs are exempt from VAT. However, 18 percent VAT must be paid on fees indicated in the tariffs and payable to legal referees, the parties’ respective solicitors and other court appointed experts.

Legal aid

Applicable income threshold in the area of civil justice

Although there are exceptions for certain kinds of proceedings, a person generally qualifies for legal aid if:

  • He or she does not possess property of any sort with a net value that amounts to or exceeds €6988.22, not including the everyday household items considered reasonable and necessary to the applicant and his or her family
  • His or her annual income is not higher than the national minimum wage established for persons of eighteen years or over.

Applicable income threshold in the area of criminal justice for defendants

The law does not prescribe a specific threshold. Nevertheless, legal aid for defendants in criminal justice cases is provided as of right when the defendant has been unable to brief an advocate, or where she or he requests the benefit of legal aid.

Applicable income threshold in the area of criminal justice for victims

The law does not prescribe a specific threshold. Nonetheless, the Justice Unit is (over and above any private legal counsel engaged by the victim) bound by law to provide all necessary assistance and support to any victim of crime, with the ultimate aim of providing due compensation.

Other conditions attached to the granting of legal aid for victims

No further conditions are attached to the granting of legal aid for the victims of crime. However, alleged victims are expected to provide all information requested and in their possession, and offer full cooperation to the Justice Unit and the Attorney General’s Office.

Other conditions attached to the granting of legal aid for defendants

There are no other conditions attached to granting legal aid to defendants. However, the law gives the Advocate for Legal Aid the right to decline aid on any ground that, in the opinion of the court, prima facie (on the face of it) justifies refusal. Nevertheless, even under such circumstances, the law requires the court to ensure that a defendant is represented by itself appointing an advocate.

Cost-free court proceedings

All court proceedings are cost-free once a party is granted the benefit of legal aid.

When does the unsuccessful party have to pay the successful party’s costs?

It is the sole prerogative of the court to decide how to apportion and award the costs of a case. There are no rules of practice.

Experts’ fees

Experts' fees are regulated by Tariffs G and K of the COCP (Chapter 12 of the Laws of Malta).

Translators’ and interpreters’ fees

Tariff B of Chapter 12 of the Laws of Malta states that, for every translation required by law or by the court:

  • The registry fee is €34.94.

The fee payable to an interpreter ranges from €11.65 to €58.23 per hour at the discretion of the Registrar.

Translators are paid between €11.65 and €58.23 per document, which is also at the discretion of the Registrar.

Related links

Link opens in new windowMinistry for Justice, Culture and Local Government

Link opens in new windowMaltese Arbitration Centre

Link opens in new windowLegal Services Section

Link opens in new windowCourts of Justice

Background material

Report from Malta - Study on the Transparency of Costs(742 Kb)

Last update: 08/11/2019

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.

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

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 Malta

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

€181.68

N/A

N/A

€98.99

N/A

€116.47

Yes

Case B

€181.68

N/A

N/A

€98.99

€116.47

No



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

Yes

From a minimum of €81.53 to €174.70

Not compulsory

N/A

N/A

No

N/A

Case B

Yes

From a minimum of €81.53 to €174.70

Not compulsory

N/A

N/A

No

N/A



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

No

N/A

Precautionary warrant against the amount demanded

€23.28

N/A

N/A

Case B

No

N/A

Precautionary warrant against the amount demanded

€23.28

N/A

N/A



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Conditions?

Case A

Legal Aid is applicable if the person lives on social benefits or minimum wage and if he/she does not possess more than one property

N/A

N/A

Case B

Legal Aid is applicable if the person lives on social benefits or minimum wage and if he/she does not possess more than one property.

N/A

N/A




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

What costs are never reimbursed?

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

Case A

YES

Depends on the outcome of the judgment

Private consultation with the lawyers (extra-judiciary costs)

N/A

Case B

YES

Depends on the outcome of the judgment

Private consultation with the lawyers (extra-judiciary costs)

N/A



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

A translation is made upon the request of either one of the parties involved.  Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.

€17.47 (the flat rate paid as registry fee for each translation)

Applicable only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23/hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other Member States

Case B

A translation is made upon the request of either one of the parties involved.  Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.

€17.47 (the flat rate paid as registry fee for each translation)

Applicable only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23/hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other Member States


Last update: 08/11/2019

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.

Case study 3 - family law - alimony - Malta

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 Malta

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

€181.68

N/A

N/A

€98.99

N/A

€116.47

Yes

Case B

€181.68

N/A

N/A

98.99

€116.47

No


Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

Yes

0.5% of alimony payable for a period of 10 years which fees may be raised to 1% by mutual agreement between client and lawyer, provided that any fee in excess of the established 0.5% is not recoverable from the other party.

Not compulsory

N/A

N/A

No

N/A

Case B

Yes

Depends on amount claimed

Not compulsory

N/A

N/A

No

N/A



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


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

No

N/A

Precautionary warrant against the amount demanded

€23.28

N/A

N/A

Case B

No

N/A

Precautionary warrant against the amount demanded

€23.28

N/A

N/A



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under what conditions is it applicable?

When is support total?

Conditions?

Case A

Legal Aid applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.

N/A

N/A

Case B

Legal Aid is applicable if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.

N/A

N/A




Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percent-age in general?

What costs are never reimbursed?

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

Case A

YES

Depends on the outcome of the judgement

Private consultation with the lawyers (extra-judiciary costs)

N/A

Case B

YES

Depends on the outcome of the judgement

Private consultation with the lawyers (extra-judiciary costs)

N/A



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

A translation is only made upon the request of either one of the parties involved.  Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.

€17.47 (the flat rate paid as registry fee for each translation)

Applies only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23/hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other member states

Case B

A translation is only made upon the request of either one of the parties involved.  Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.

€17.47 (the flat rate paid as registry fee for each translation)

Applies only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23/hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other member states


Last update: 08/11/2019

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.

Case study 4 - commercial law - contract - Malta

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 Malta

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

ADR