Costs

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.

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Germany

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: 05/09/2023

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