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.
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 |
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 |
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 |
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 |
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 |
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 | 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 |
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 |
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 |
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 |
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 |
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 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.
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 | € 680.16 | N/A | € 195.65 | N/A | N/A | N/A | ||
Case B | € 680.16 | N/A | € 195.65 | N/A | N/A | N/A |
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 | Lawyer: €681.53 Legal procurator: €227.18 | Not compulsory | N/A | N/A | NO | N.A |
Case B | YES | Lawyer: €681.53 Legal Procurator: €227.18 | Not compulsory | N/A | N/A | No | N/A |
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 debt indicated | € 46.59 | N/A | N/A |
Case B | NO | N/A | Precautionary warrant against the debt indicated | € 46.59 | N/A | N/A |
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 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 | NO | N/A | N/A | YES | Depends on the outcome of the judgement | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case B | NO | N/A | N/A | YES | Depends on the outcome of the judgement | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case study | Translation | Interpretation | Other costs specific to cross-border disputes? | |||
When and under what conditions is it necessary? | Approximate cost? | When and under which conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | When only one of the parties is English speaking | € 34.94 | 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 | When only one of the parties is English speaking | € 34.94 | 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. |
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 | Court | Appeals | ||||
Initial court fees | Transcription fees | Other fees | Initial court fees | Transcription fees | Other fees | |
Case A | Minimum of €712.77 (depends also on the value claimed) | N/A | € 195.65 | N/A | ||
Case B | Minimum of €712.77 (depends also on the value claimed) | N/A | € 195.65 | N/A |
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 | Depends on value claimed | Not compulsory | N/A | N/A | Not compulsory, but in this case highly probable | De-pends on value claimed |
Case B | YES | Depends on value claimed | Not compulsory | N/A | N/A | Not compulsory but in this case highly probable | De-pends on value claimed |
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 | Not applicable because the value to be claimed is not quantified | N/A | N/A | N/A |
Case B | NO | N/A | Not applicable because the value to be claimed is not quantified | N/A | N/A | N/A |
Case study | Legal Aid | ||
When and under what conditions is it applicable? | When is support total? | Conditions? | |
Case A | Legal aid is 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 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 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 judge-ment | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case B | YES | Depends on the outcome of the judge-ment | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case study | Translation | Interpretation | Other costs specific to cross-border disputes? | |||
When and under what conditions is it necessary? | Approximate cost? | When and under which conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | When only one of the parties is English speaking | € 34.94 | 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 | When only one of the parties is English speaking | € 34.94 | 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. |
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.