In this case study on commercial law – responsibility, Member States were asked to advise the customer on litigation costs in order to consider the following situations: Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer. The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies. Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer. The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.
Case Study |
Court |
Appeals |
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 |
Case Study |
Lawyer |
Bailiff |
Expert |
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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 |
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 |
Case study |
Legal Aid |
Reimbursement |
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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 |
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 |
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