Cost of a lawsuit

Costs of the proceedings (costs)

The costs shall be the following:

• Fees, fees, fees, emoluments due to the Registry (payment of stamps for the registration of proceedings, issue of copies of judgments, etc.)
• Tax (such as paying a tax stamp)
• Translation costs of an act (e.g. marriage contract) where it is mandatory
• Witness Allowances (travel, subsistence, etc.)
• Remuneration of technicians appointed by the judge (e.g. an expert)
• Remuneration of public and ministerial officials (e.g. Commissioners of Justice when they mean a judgment)
• Remuneration of lawyers where regulated (e.g. right to plead, the formalities carried out during a seizure of immovable property)
• Costs incurred by the notification of an act abroad
• Costs incurred by a social survey during a procedure on parental authority, of adoption or before protection litigation judge
• Remuneration of the person appointed to hear a minor in connection with a emancipation procedure
• Remuneration and costs specific to the measures, investigations and examinations required in connection with a travel procedure unlawful of a child abroad.

Irreproducible charges

Irreproducible costs are those not included in the costs. These include:

• Lawyer fees (they are fixed freely and specified in a fee agreement)
• Travel and accommodation expenses the parties must attend the hearing
• Remuneration of consultants or experts who have not been appointed by the judge.

These costs are normally advanced by each party to the proceedings.

Payment of the costs of the trial

Order for costs

In making his decision, the judge shall specify the part who must pay the costs.

In principle, costs must be paid by the part who lost the trial.

By way of exception, the judge may order by reasoned decision that:

• The sum is shared between the parties to the trial
• Or be charged to one of the parties.

Payment of non-repetitive charges

The other party may be asked to reimburse the non-repetitive costs.

To obtain a refund, the party who advanced these fees (or its lawyer) must make a request in writing (for example, in its subpoena).

It must also provide all the documents needed to justify its request (quotes, invoices, etc.).

At the end of the trial, the judge may order that the party ordered to pay all or part of the costs (or who has lost the trial) also be obliged to pay the irreversible costs.

In making its decision, the judge must consider the economic situation of the party who lost the trial.

It is not obliged to order it to pay the irreversible costs advanced by the opposing party.

Costs of the proceedings (costs)

The costs shall be the following:

• Fees, taxes, fees, emoluments due to the Registry (registration of a business, delivery of copies of judgments, etc.)
• Tax (such as paying a tax stamp)
• Translation costs of an act (e.g. an act amending the statutes of a business) where it is mandatory
• Witness appearance allowances (e.g. travel, accommodation to attend the hearing)
• Remuneration of technicians appointed by the judge (e.g. an expert)
• Remuneration of public and ministerial officials (e.g. Commissioners of Justice when they mean a judgment)
• Remuneration of lawyers where regulated (e.g. right to plead, the formalities carried out during a seizure of immovable property)
• Costs incurred by the notification of an act abroad

Irreproducible charges

Irreproducible costs are those not included in the costs. These include:

• Lawyer fees (they are fixed freely and specified in a fee agreement)
• Travel and accommodation expenses if the parties are to attend the hearing
• Remuneration of consultants or experts who have not been appointed by the judge.

These costs are normally advanced by each party to the proceedings.

Payment of the costs of the trial

Order for costs

In making his decision, the judge shall specify the part who must pay the costs.

In principle, costs must be paid by the party who lost the case.

By way of exception, the judge may order by reasoned decision that:

• The sum is shared between the parties to the trial
• Or be charged to one of the parties.

Payment of non-repetitive charges

Reimbursement of non-repetitive costs may be requested from the part adverse.

To obtain a refund, the party who advanced these fees (or its lawyer) must make a request in writing (for example, in its subpoena).

It must also provide all the documents needed to justify its request (quotes, invoices, etc.).

At the end of the trial, the judge can order that the party ordered to pay all or part of the costs or also obliged to pay the non-repetitive costs.

In making its decision, the judge must consider the economic situation of the party who lost the trial.

It is not obliged to order it to pay the irreversible costs advanced by the opposing party.

Fees corresponding to the fixed procedural right

The amount of the fixed procedural charge varies according to the type of decision given and of the court having jurisdiction:

• €62 for decisions rendered by the police court
• €62 for penal orders rendered by the correctional court
• €254 for other decisions of the correctional court
• €1,054 for decisions rendered by the court of assize
• €338 for decisions rendered by the court of appeal in the field criminal, correctional or ticketing
• €422 for decisions rendered by the court of cassation in criminal, correctional or ticketing matters

In the case of driving under the influence of drugs, these fixed procedural fees are increased by €210.

Irreproducible charges

The non-repetitive costs shall include the following costs:

• Lawyer fees (they are fixed freely and specified in a fee agreement)
• Travel, accommodation costs if parts must attend the hearing
• Remuneration of consultants or experts who have not been appointed by the judge.

These costs are usually advanced by the parties to the trial.

However, the offense may be ordered to repay to the civil party the fees she advanced.

In order to obtain a refund, the civil party must apply to the Registry of the criminal jurisdiction and provide any documents (e.g. quotation, invoice) that could justify the amount of these fees.

The amount to be paid is determined by the judge according to the economic situation of the sentenced person.

The judge is not obliged to order the offender to pay the irreversible costs.

Costs of the trial

Costs

In administrative matters, costs include the costs of an expert's report, an investigation and any other measure of inquiry (e.g. a visit to a public establishment) where they are not covered by the State.

Irreproducible charges

The non-repetitive costs shall include the following costs:

• Lawyer fees (they are fixed freely and specified in a fee agreement)
• Travel, accommodation costs if parts must attend the hearing
• Remuneration of consultants or experts who have not been appointed by the judge.

These fees are usually advanced by parties to the proceedings.

Payment of the costs of the trial

Order for costs

The costs shall be paid by the part who loses the trial.

However, if the circumstances of the case so warrant, they may be taken over by another party or shared between the parties to the trial.

Payment of non-repetitive charges

The other party may be asked to reimburse the non-repetitive costs.

To get a refund, each part (or its lawyer) must make a written and substantiated claim for reimbursement.

It must also attach all documents justifying the amount of the charges it has advanced (e.g. quotation, invoice, etc.).

At the end of the trial, the judge can order that the party ordered to pay all or part of the costs or also obliged to pay the non-repetitive costs.

In making its decision, the judge must consider the economic situation of the party who lost the trial.

It is not obliged to order it to pay the irreversible costs advanced by the opposing party.