Case Study 1 – Family law – Divorce – Germany

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 Member State A marry in Member State A. After the wedding, the couple move to 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. Shortly after her return to Member State A, the wife 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?

Approximate costs?

When and under which conditions is it necessary?

Approximate costs?

Description

Case A






Case B

At the court’s discretion.

Usually EUR 1.55 per 55 keystrokes, plus expenses and turnover tax.

At the court’s discretion.

EUR 70 per hour, plus expenses and turnover tax.

Service of documents abroad.

Last update: 04/11/2020

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 children – Germany

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

Case A – National situation: a couple have lived together unmarried for a number of years. They have a 3-year-old child at the time they separate. A court grants custody of the child to the mother and right of access to the father. The mother sues to limit the father’s right of access.

Case B – Cross-border situation where you are a lawyer in Member State A: a couple have lived together unmarried in Member State B for a number of years. They have a child together but separate immediately after the birth of their child. A court in Member State B grants custody of the child to the mother and right of access to the father. The mother and child move to another Member State (Member State A) with the court’s authorisation, while the father remains in Member State B. A few years later, the mother takes legal action in Member State A to change the father’s right of access.

Costs in Germany

Costs of proceedings at first instance or appeal or for alternative dispute resolution

Case study

Proceedings at first instance

Appeal


Initial costs of proceedings

Initial costs of proceedings

Case A

EUR 54.00

Appeal: EUR 108.00
Appeal on point of law: EUR 162.00

Case B

EUR 54.00

Appeal: EUR 108.00
Appeal on point of law: EUR 162.00



Lawyer, bailiff and expert fees

Case study

Lawyer

Expert


Is there a requirement for legal representation?

Average costs

Is there a requirement to call an expert?

Costs

Case A

No

First instance:
EUR 622.00

At the court’s discretion

EUR 100.00 per hour, plus expenses and VAT

Case B

No

First instance:
EUR 622.00

At the court’s discretion

EUR 100.00 per hour, plus expenses and VAT



Cost of covering witnesses’ expenses

Case study

Witnesses’ expenses


Are witnesses entitled to reimbursement of their expenses?

Costs

Case A

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses

Case B

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses



Costs of legal aid and reimbursement of other expenses

Case study

Legal aid

Reimbursement


What are the conditions?

Can the prevailing party request the award of litigation costs?

Are there instances where legal aid must be paid back?

Case A

Depending on income and assets

Yes

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

Case B

Depending on income and assets

Yes

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



Translation and interpretation costs


Case study

Translation

Interpretation

Are there other costs relating to cross-border disputes?


When and on what conditions is translation required?

Approximate cost

When and on what conditions is interpretation required?

Approximate cost

Description

Approximate cost

Case A







Case B

At the court’s discretion

In most cases EUR 1.55 per 55 characters, plus expenses and VAT

At the court’s discretion

EUR 70 per hour, plus expenses and VAT

Costs of serving documents abroad


Last update: 04/11/2020

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 – Maintenance – Germany

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

Case A – National situation: a couple have lived together unmarried for a number of years. They have a 3-year-old child at the time they separate. The court grants custody of the child to the mother. The only point of disagreement concerns the amount to be paid by the father to the mother for the child’s maintenance and upbringing. The mother sues with respect to this.

Case B – Cross-border situation where you are a lawyer in Member State A: a couple have lived together unmarried in Member State B for a number of years. They have a 3-year-old child at the time they separate. A court 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) where they take up their residence.

The only point of disagreement concerns the amount to be paid by the father to the mother for the child’s maintenance and upbringing. The mother sues with respect to this in Member State A.

Costs in Germany

Costs of proceedings at first instance or appeal


Case study

Proceedings at first instance

Appeal


Initial court fees

Initial court fees

Case A

Depends on amount of maintenance claimed

Depends on amount of maintenance claimed

Case B

Depends on amount of maintenance claimed

Depends on amount of maintenance claimed


Lawyer, bailiff and expert fees


Case study

Lawyer

Bailiff

Expert


Is there a requirement for legal representation?

Average costs

Is there a requirement for a bailiff to be involved?

Costs following judgment

Is there a requirement to call an expert?

Costs

Case A

Yes

Depends on amount of maintenance claimed

No

Depends on type of enforcement measure

At the court’s discretion

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 100, plus expenses and VAT

Case B

Yes

Depends on amount of maintenance claimed

No

Depends on type of enforcement measure

At the court’s discretion

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 100, plus expenses and VAT



Cost of covering witnesses’ expenses


Case study

Witnesses’ expenses


Are witnesses entitled to reimbursement of their expenses?

Costs

Case A

Yes

Up to EUR 17 per hour for earnings lost plus travel and other expenses

Case B

Yes

Up to EUR 17 per hour for earnings lost plus travel and other expenses



Costs of legal aid and reimbursement of other expenses



Case study

Legal aid

Reimbursement


What are the conditions?

Can the prevailing party request the award of litigation costs?

Are there instances where legal aid must be paid back?

Case A

Depending on income and assets

Yes

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

Case B

Depending on income and assets

Yes

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



Translation and interpretation costs


Case study

Translation

Interpretation

Are there other costs relating to cross-border disputes?


When and on what conditions is translation required?

Approximate cost

When and on what conditions is interpretation required?

Approximate cost

Description

Case A






Case B

At the court’s discretion

Generally EUR 1.55 per 55 characters, plus expenses and VAT

At the court’s discretion

EUR 70 per hour, plus expenses and VAT

Costs of serving documents abroad

Last update: 04/11/2020

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 – Germany

In these case studies on commercial law (contracts), Member States were asked to advise the seller on the costs of proceedings in the following situations:

Case A – National situation: a company delivers goods worth EUR 20 000. The seller is not paid because the buyer considers that the goods do not correspond to what was agreed.

The seller decides to sue for full payment.

Case B – Cross-border situation: a company based in Member State B delivers goods worth EUR 20 000 to a buyer in Member State A. The contract is written in the language of Member State B and falls under its jurisdiction. The buyer in Member State A refuses to pay because, in their opinion, the goods do not correspond to what was agreed. The seller decides to sue for full payment in Member State A on the basis of the contract entered into with the buyer.

Costs in Germany

Costs of proceedings at first instance or appeal

Case study

Proceedings at first instance

Appeal


Initial court fees

Initial court fees

Case A

EUR 1 035.00

Appeal: EUR 1 380.00
Appeal on point of law: EUR 1 725.00

Case B

EUR 1 035.00

Appeal: EUR 1 380.00
EUR 1 725.00


Lawyer, bailiff and expert fees

Case study

Lawyer

Bailiff

Expert


Is there a requirement for legal representation?

Average costs

Is there a requirement for a bailiff to be involved?

Costs following judgment

Is there a requirement to call an expert?

Costs

Case A

Yes

First instance:
EUR 2 231

No

Depends on type of enforcement measure

No

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 125, plus expenses and VAT

Case B

Yes

First instance:
EUR 2 231

No


No

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 125, plus expenses and VAT


Cost of covering witnesses’ expenses

Case study

Witnesses’ expenses


Are witnesses entitled to reimbursement of their expenses?

Costs

Case A

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses

Case B

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses


Costs of legal aid and reimbursement of other expenses



Case study

Legal aid

Reimbursement


When and on what conditions can legal aid be awarded?

When is legal aid awarded in full?

What are the conditions?

Can the prevailing party request the award of litigation costs?

What costs are not eligible for reimbursement?

Are there instances where legal aid must be paid back?

Case A

As a rule no legal aid is awarded to legal persons established outside the EU.

General requirements:

The party must be in a precarious financial situation (without income or assets), and the legal action must have reasonable prospects of success and must not appear to be vexatious.

If the disposable income of the party without income or assets does not exceed EUR 15 after deduction of certain basic allowances received by them or their family members and of housing and heating costs.

Legal aid may also be granted in full in other cases, but must be reimbursed by instalments. The amount of the instalment depends on the disposable income.

1. On application (no lawyer required in order to apply)

2. Procedure still ongoing

3. See also column 1.

Yes, to the extent that they won

Costs not essential to their own legal action or 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


Translation and interpretation costs

Case study

Translation

Interpretation

Are there other costs relating to cross-border disputes?


When and on what conditions is translation required?

Approximate cost

When and on what conditions is interpretation required?

Approximate cost

Description

Case A






Case B

In principle all written submissions to the court and all documentary evidence must be translated. The court may decide that the documents need not be translated if all the judges dealing with the case understand the language in question.

In most cases EUR 1.55 per 55 characters, plus expenses and VAT

The language of the courts is German. It may be decided to dispense with interpretation if all those present have a good command of the foreign language in question.

EUR 70 per hour, plus expenses and VAT

Costs of serving documents abroad

Last update: 04/11/2020

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 – Liability – Germany

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 heating equipment manufacturer delivers a heating appliance to an installer. The installer sells the appliance to a customer and installs it in the customer’s house. A fire breaks out shortly afterwards. Each of the parties (manufacturer, installer and end customer) is insured. The cause of the fire is disputed. Nobody wants to compensate the customer.

The customer decides to sue the heating equipment manufacturer, the installer and the insurance company for damages.

Case B – Cross-border situation: a heating equipment manufacturer in Member State B delivers a heating appliance to an installer in Member State C. The installer sells the appliance to a customer and installs it in the customer’s house in Member State A. A fire breaks out shortly afterwards. Each of the parties (manufacturer, installer and end customer) is insured by an insurance company in their own Member State. The cause of the fire is disputed. Nobody wants to compensate the customer.

The customer decides to sue the heating equipment manufacturer, the installer and the insurance company in Member State A for damages in that Member State.

Costs in Germany

Costs of proceedings at first instance or appeal

Case study

Proceedings at first instance

Appeal


Initial court fees

Initial court fees

Case A

Depends on level of damages claimed

Depends on level of damages claimed

Case B

Depends on level of damages claimed

Depends on level of damages claimed


Lawyer, bailiff and expert fees

Case study

Lawyer

Bailiff

Expert


Is there a requirement for legal representation?

Average costs

Is there a requirement for a bailiff to be involved?

Costs following judgment

Is there a requirement to call an expert?

Costs

Case A

Yes

Depends on amount of claim

No

Depends on type of enforcement measure

Not required by law – it is up to the court to decide whether an expert is necessary

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 125, plus expenses and VAT

Case B

Yes

Depends on amount of claim

No

Depends on type of enforcement measure

See above

Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 125, plus expenses and VAT


Cost of covering witnesses’ expenses

Case study

Witnesses’ expenses


Are witnesses entitled to reimbursement of their expenses?

Costs

Case A

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses

Case B

Yes

Up to EUR 21 per hour for earnings lost, plus travel and other expenses


Costs of legal aid and reimbursement of other expenses



Case study

Legal aid

Reimbursement


When and on what conditions can legal aid be awarded?

When is legal aid awarded in full?

What are the conditions?

Can the prevailing party request the award of litigation costs?

What costs are not eligible for reimbursement?

Are there instances where legal aid must be paid back?

Case A

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

Case B

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above

See case study 4 above


Costs of translation and interpretation

Case study

Translation

Interpretation

Are there other costs relating to cross-border disputes?


When and on what conditions is translation required?

Approximate cost

When and on what conditions is interpretation required?

Approximate cost

Description

Case A






Case B

See case study 4 above

In most cases EUR 1.55 per 55 characters, plus expenses and VAT

See case study 4 above

EUR 70 per hour, plus expenses and VAT

Costs of serving documents abroad

Last update: 04/11/2020

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.