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.
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 | Idem | Idem | Idem | Idem | Idem | Idem | Idem | Idem |
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 |
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 |
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 |
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 |
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.
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.
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 | Idem | Idem | Idem | Idem | Idem | Idem | Idem | Idem |
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 |
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 |
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 |
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 |
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.
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.
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 |
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 |
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 |
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 |
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 |
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.
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.
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. |
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. |
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 |
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 |
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. |
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.
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 | 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. |
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. |
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) |
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 |
|
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
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. |
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.