Case study 1 - family law - divorce - Czech Republic

In this case study on family law – divorce, the Member States were asked to advise the party that files 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. 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

Indicative costs for court, appeals and alternative dispute resolution (ADR)


Case study

First-instance court proceedings

Appellate proceedings

Alternative dispute resolution


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 2 000

Not applicable (N/A)

N/A

CZK 2 000

N/A

N/A

Yes (optional)

Contractual (CZK 400 for each, even incomplete, hour in the case of a court-mandated introductory meeting with a mediator)

Case B

CZK 2 000

N/A

N/A

CZK 2 000

N/A

N/A

Yes (optional)

Contractual (CZK 400 for each, even incomplete, hour in the case of a court-mandated introductory meeting with a mediator)

Indicative costs for a lawyer, licenced enforcement agent and expert


Case study

Legal representation

Licenced enforcement agent

Expert


Is representation compulsory?

Average cost

Is use compulsory?

Pre-judgment costs

Post-judgment costs

Is use of an expert compulsory?

Costs

Case A

No.

Contractual, CZK 1 500 per task according to the lawyer’s tariff

No

-

-

No.

CZK 100 to CZK 350 per hour

Case B

No.

Contractual

No (depends on the other country involved in the case)

-

-

No.

CZK 100 to CZK 350 per hour

Costs for witness compensation, deposits, securities and other relevant fees


Case

study

Witness compensation

Deposit or security

Other costs


Are witnesses compensated?

Costs

Does this exist and when and how is it used?

Costs

Description

Costs

Case A

Yes. Actual costs are paid.

Differ according to the circumstances of the case

No.

-

-

-

Case B

Yes. Actual costs are paid.

Differ according to the circumstances of the case

No.

-

-

-

Costs for legal aid and the reimbursement of expenses


Case

study

Legal aid

Reimbursement


When and under what conditions is it applicable?

When is full legal aid given?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of the costs covered?

What costs are never reimbursed?

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

Case A

Only NGOs

-

-

Usually not. However, the court may grant the reimbursement of costs if justified by the circumstances.

-

Depends on the court’s decision, usually none.

No.

Case B

See the Directive concerning application of legal aid in cross-border disputes

-

-

Usually not. However, the court may grant the reimbursement of costs if justified by the circumstances.

-

Depends on the court’s decision, usually none.

No.

Translation and interpreting costs


Case

study

Translation

Interpreting

Other costs specific to cross-border disputes?


When and under what conditions is it necessary?

Approximate costs?

When and under what conditions is it necessary?

Approximate costs?

Description

Approximate costs?

Case A

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page


-

-

-

Case B

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

In cases where a party or a witness is a foreign national or does not understand Czech

CZK 100 to 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.

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

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs in 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 the Czech Republic

Indicative costs for court, appeals and alternative dispute resolution


Case study

First-instance court proceedings

Appellate proceedings

Alternative dispute resolution


Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Can this be used in this specific case?

Costs

Case A

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

Contractual (CZK 400 for each, even incomplete, hour in the case of a court-mandated introductory meeting with a mediator)

Case B

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

Contractual (CZK 400 for each, even incomplete, hour in the case of a court-mandated introductory meeting with a mediator)



Indicative costs for a lawyer, licenced enforcement agent and expert


Case study

Legal representation

Licenced enforcement agent

Expert


Is representation compulsory?

Average cost

Is use compulsory?

Pre-judgment costs

Post-judgment costs

Is use of an expert compulsory?

Costs

Case A

No

Contractual, CZK 1 000 per task according to the lawyer’s tariff

No

-

-

No

CZK 100 to CZK 350 per hour

Case B

No

Contractual, CZK 1 000 per task according to the lawyer’s tariff

No (depends on the other country)

-

-

No

CZK 100 to CZK 350 per hour


Costs for witness compensation, deposits, securities and other relevant fees


Case

study

Witness compensation

Deposit or security

Other costs


Are witnesses compensated?

Costs

Does this exist and when and how is it used?

Costs

Description

Costs

Case A

Yes, depending on their actual costs

Differ according to the circumstances of the case

Not in this type of proceedings

-

-

-

Case B

Yes, depending on their actual costs

Differ according to the circumstances of the case

Not in this type of proceedings

-

-

-



Costs for legal aid and the reimbursement of expenses



Case

study

Legal aid

Reimbursement


When and under what conditions is it applicable?

When is full legal aid given?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of the costs covered?

What costs are never reimbursed?

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

Case A

Only NGOs

-

-

Usually not. However, the court may grant the reimbursement of costs if justified by the circumstances.

-

Depends on the court’s decision, usually none

No

Case B

See the Directive concerning application of legal aid in cross-border disputes

-

-

Usually not. However, the court may grant the reimbursement of costs if justified by the circumstances.

-

Depends on the court’s decision, usually none

No


Translation and interpreting costs


Case

study

Translation

Interpreting

Other costs specific to cross-border disputes?


When and under what conditions is it necessary?

Approximate costs?

When and under what conditions is it necessary?

Approximate costs?

Description

Approximate costs?

Case A

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

-

-

-

-

Case B

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

In cases where a party or a witness is a foreign national or does not understand Czech

CZK 100 to 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.

Case Study 4 – Commercial law – Contracts – Czech Republic

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 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 20 000 euro 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 for under the contract with the buyer.

Costs in the Czech Republic

Indicative costs for court, appeals and alternative dispute resolution


Case study

First-instance court proceedings

Appellate proceedings

Alternative dispute resolution


Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Can this be used in this specific case?

Costs

Case A

5% of the amount

(with subject of the proceedings under CZK 40 million)

Not applicable (N/A)

No.

5% of the amount

Not applicable (N/A)

No.

Yes

(e.g., arbitration proceedings or mediation)

Contractual

Case B

5% of the amount

(with subject of the proceedings under CZK 40 million)

Not applicable (N/A)

No.

5% of the amount

Not applicable (N/A)

No.

Yes

(e.g., arbitration proceedings or mediation)

Contractual



Indicative costs for a lawyer, licenced enforcement agent and expert


Case study

Legal representation

Licenced enforcement agent

Expert


Is representation compulsory?

Average cost

Is use compulsory?

Pre-judgment costs

Post-judgment costs

Is use of an expert compulsory?

Costs

Case A

No.

Contractual

No.

-

-

No.

CZK 100 to CZK 350 per hour

Case B

No.

Contractual

No.

-

-

No.

CZK 100 to CZK 350 per hour



Costs for witness compensation, deposits, securities and other relevant fees


Case

study

Witness compensation

Deposit or security

Other costs


Are witnesses compensated?

Costs

Does this exist and when and how is it used?

Costs

Description

Costs

Case A

Yes. Actual costs are paid.

Differ according to the circumstances of the case

In commercial cases, if preliminary injunction is requested.

CZK 50 000.

-

-

Case B

Yes. Actual costs are paid.

Differ according to the circumstances of the case

In commercial cases. if preliminary injunction is requested.

CZK 50 000.

-

-



Costs for legal aid and the reimbursement of expenses



Case

study

Legal aid

Reimbursement


When and under what conditions is it applicable?

When is full legal aid given?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of the costs covered?

What costs are never reimbursed?

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

Case A

Very rarely in commercial cases.

-

-

Yes.

Depends on the circumstances of the case.

Compensation of all costs may be ordered.

No.

Case B

See the Directive concerning application of legal aid in cross-border disputes

-

-

Yes.

Depends on the circumstances of the case.

Compensation of all costs may be ordered.

No.



Translation and interpreting costs


Case

study

Translation

Interpreting


When and under what conditions is it necessary?

Approximate costs?

When and under what conditions is it necessary?

Approximate costs?

Case A

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

-

-

Case B

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

In cases where a party or a witness is a foreign national or does not understand Czech

CZK 100 to 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.

Case Study number 5 – Commercial law – Liability – Czech Republic

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 an installer. The installer sells the boiler to a customer and installs it in the customer’s 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 Member State B delivers a boiler to an installer in Member State C. The installer sells the boiler on to a customer in Member State A and installs it in his/her house. The house catches fire shortly thereafter. Each one of the parties involved (manufacturer of heating equipment, installer, end-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 sue the heating equipment manufacturer, the heating equipment installer and the insurance company in Member State A for full compensation in Member State A.

Costs in the Czech Republic

Indicative costs for court, appeals and alternative dispute resolution


Case study

First-instance court proceedings

Appellate proceedings

Alternative dispute resolution


Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Can this be used in this specific case?

Costs

Case A

5% of the amount (insurance claimed)

Not applicable (N/A)

No.

5% of the amount

Not applicable (N/A)

No.

Yes (optional)

Contractual (usually CZK 1 000 per hour; 3 hours)

Case B

5% of the amount (insurance claimed)

Not applicable (N/A)

No.

5% of the amount

Not applicable (N/A)

No.

Yes (optional)

Contractual

Indicative costs for a lawyer, licenced enforcement agent and expert


Case study

Legal representation

Licenced enforcement agent

Expert


Is representation compulsory?

Average cost

Is use compulsory?

Pre-judgment costs

Post-judgment costs

Is use of an expert compulsory?

Costs

Case A

No.

Contractual

No.

-

-

No.

CZK 100 to CZK 350 per hour

Case B

No.

Contractual

No.

-

-

No.

CZK 100 to CZK 350 per hour

Costs for witness compensation, deposits, securities and other relevant fees


Case

study

Witness compensation

Deposit or security

Other costs


Are witnesses compensated?

Costs

Does this exist and when and how is it used?

Costs

Description

Costs

Case A

Yes. Actual costs are paid.

Differ according to the circumstances of the case

If a preliminary injunction is requested.

CZK 10 000.

Cost of evidence

Differ according to the circumstances of the case

Case B

Yes. Actual costs are paid.

Differ according to the circumstances of the case

If a preliminary injunction is requested

CZK 10 000.

Cost of evidence

Differ according to the circumstances of the case

Costs for legal aid and the reimbursement of expenses



Case

study

Legal aid

Reimbursement


When and under what conditions is it applicable?

When is full legal aid given?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of the costs covered?

What costs are never reimbursed?

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

Case A

Consumer protection centres, other NGOs

If necessary to protect the interests of a party, the court will appoint a lawyer.

The party’s application, their assets and the complexity of the dispute.

Yes.

Depends on the circumstances of the case.

Compensation of all costs may be ordered.

No.

Case B

See the Directive concerning legal aid in cross-border disputes or the European Consumer Centre.

If necessary to protect the interests of a party, the court will appoint a lawyer.

The party’s application, their assets and the complexity of the dispute.

Yes.

Depends on the circumstances of the case.

Compensation of all costs may be ordered.

No.

Translation and interpreting costs


Case

study

Translation

Interpreting


When and under what conditions is it necessary?

Approximate costs?

When and under what conditions is it necessary?

Approximate costs?

Case A

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

-

-

Case B

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

In cases where a party or a witness is a foreign national or does not understand Czech

CZK 100 to 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.