Costs

Czech Republic

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 manufacturer of heating equipment delivers a boiler to an installer. The installer sells the boiler to a customer and installs it in the customer’s 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 Member State B delivers a boiler to an installer in Member State C. The installer sells the boiler on to a customer in Member State A and installs it in his/her house. The house catches fire shortly thereafter. Each one of the parties involved (manufacturer of heating equipment, installer, end-customer) is insured by an insurance company in that party’s own Member State. The origin of the fire is contested. Nobody wants to compensate the customer. The customer decides to sue the heating equipment manufacturer, the heating equipment installer and the insurance company in Member State A for full compensation in Member State A.

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Czech Republic

Costs in the Czech Republic

Indicative costs for court, appeals and alternative dispute resolution


Case study

First-instance court proceedings

Appellate proceedings

Alternative dispute resolution


Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Can this be used in this specific case?

Costs

Case A

5% of the amount (insurance claimed)

Not applicable (N/A)

No.

5% of the amount

Not applicable (N/A)

No.

Yes (optional)

Contractual (usually CZK 1 000 per hour; 3 hours)

Case B

5% of the amount (insurance claimed)

Not applicable (N/A)

No.

5% of the amount

Not applicable (N/A)

No.

Yes (optional)

Contractual

Indicative costs for a lawyer, licenced enforcement agent and expert


Case study

Legal representation

Licenced enforcement agent

Expert


Is representation compulsory?

Average cost

Is use compulsory?

Pre-judgment costs

Post-judgment costs

Is use of an expert compulsory?

Costs

Case A

No.

Contractual

No.

-

-

No.

CZK 100 to CZK 350 per hour

Case B

No.

Contractual

No.

-

-

No.

CZK 100 to CZK 350 per hour

Costs for witness compensation, deposits, securities and other relevant fees


Case

study

Witness compensation

Deposit or security

Other costs


Are witnesses compensated?

Costs

Does this exist and when and how is it used?

Costs

Description

Costs

Case A

Yes. Actual costs are paid.

Differ according to the circumstances of the case

If a preliminary injunction is requested.

CZK 10 000.

Cost of evidence

Differ according to the circumstances of the case

Case B

Yes. Actual costs are paid.

Differ according to the circumstances of the case

If a preliminary injunction is requested

CZK 10 000.

Cost of evidence

Differ according to the circumstances of the case

Costs for legal aid and the reimbursement of expenses



Case

study

Legal aid

Reimbursement


When and under what conditions is it applicable?

When is full legal aid given?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not comprehensive, what is the usual percentage of the costs covered?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

Consumer protection centres, other NGOs

If necessary to protect the interests of a party, the court will appoint a lawyer.

The party’s application, their assets and the complexity of the dispute.

Yes.

Depends on the circumstances of the case.

Compensation of all costs may be ordered.

No.

Case B

See the Directive concerning legal aid in cross-border disputes or the European Consumer Centre.

If necessary to protect the interests of a party, the court will appoint a lawyer.

The party’s application, their assets and the complexity of the dispute.

Yes.

Depends on the circumstances of the case.

Compensation of all costs may be ordered.

No.

Translation and interpreting costs


Case

study

Translation

Interpreting


When and under what conditions is it necessary?

Approximate costs?

When and under what conditions is it necessary?

Approximate costs?

Case A

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

-

-

Case B

Original documents in a foreign language necessary for the proceedings

CZK 100 to CZK 350 per page

In cases where a party or a witness is a foreign national or does not understand Czech

CZK 100 to CZK 350 per hour

Last update: 28/02/2022

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