Costs in Germany
Costs for Court and Appeals
Case Study |
Court |
Appeals |
Initial court fees |
Initial court fees |
|
Case A |
EUR 864.00 |
Appeal on points of fact and law: |
Case B |
EUR 864.00 |
Appeal on points of fact and law: |
Costs for lawyer, bailiff and expert
Case Study |
Lawyer |
Bailiff |
Expert |
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Is representation compulsory? |
Average costs |
Is representation compulsory? |
Post-judgment costs |
Is use compulsory? |
Cost |
|
Case A |
Yes |
First instance: EUR |
No |
Depends on type of enforcement measure |
No |
Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax |
Case B |
Yes |
First instance: EUR |
No |
No |
Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax |
Costs for witness compensation
Case Study |
Witness compensation |
|
Are witnesses compensated? |
Cost |
|
Case A |
Yes |
Loss of earnings max. EUR 17 per hour, travel costs and other expenses |
Case B |
Yes |
Loss of earnings max. EUR 17 per hour, travel costs and other expenses |
Costs for legal aid and other reimbursement
Case study |
Legal Aid |
Reimbursement |
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When and under which conditions is it applicable? |
When is support total? |
Conditions? |
Can the winning party obtain reimbursement of litigation costs? |
What costs are never reimbursed? |
Are there instances when legal aid should be reimbursed to the legal aid organisation? |
|
Case A |
In principle no legal aid for legal persons outside the EU General prerequisites: If the party is not financially secure (i.e. indigent) and the intended action has prospects of success and does not appear vexatious |
If not more than EUR 15 remain after deduction of allowances for the indigent party and his/her family members and after deduction of further charges for accommodation etc. Where this is not the case, full support is likewise applicable but must be repaid by instalments; level of instalments depends on residual income. |
1. Application (lawyer not compulsory for application) 2. Proceedings not yet completed 3. See also column 1 |
Yes, to the extent that s/he has won |
Costs that were not essential for the proper prosecution of the action or for the 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 |
Costs for translation and interpretation
Case study |
Translation |
Interpretation |
Other costs specific to cross-border disputes? |
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When and under which conditions is it necessary? |
Approximative cost? |
When and under which conditions is it necessary? |
Approximative cost? |
Description |
|
Case A |
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Case B |
In principle for all written pleadings to the court and all written documents submitted as evidence. The court may refrain from ordering the translation of documents if all the judges hearing the case understand the language |
Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax |
The language of the court is German; if all concerned have a good command of the foreign language, an interpreter need not be engaged. |
EUR 55 per hour plus expenses and turnover tax |
Service of documents abroad |
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