Court fees concerning Small Claims procedure

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Introduction

Court fees are determined in the Republic of Croatia by the Court Fees Act (NN Nos 118/18 and 51/23) and by the Decree on the Tariff of Court Fees (NN No 37/23), laid down by the Government of the Republic of Croatia.

According to Article 5 The Court Fees Act, the fees prescribed by the Tariff are paid in cashless, in cash, in Croatia’s emission stamps or by electronic means.

According to Article 7 The Court Fees Act for submissions submitted in electronic form in accordance with special regulations through the information system used in the court’s business is to be paid a fee at the time of their submission equal to half of the prescribed amount of the fee fixed by the Tariff.

Decisions served by the court in electronic form under special legislation via the IT system used by the court in its operations are subject to a fee of one half of the fee amount specified in the Tariff, if payment is made within 3 days from the day of electronic service of the decision.

If the court fee is not paid within the time limits set out above, the court fee is payable in the amounts fixed in the Tariff.

Which fees apply?

The court fees are payable in all civil and commercial court proceedings and are payable under Article 11. The Court Fees Act acquitted:

  1. The Republic of Croatia and government bodies
  2. persons and bodies exercising public authority in procedures arising from the exercise of these powers
  3. workers in disputes and other proceedings concerning the enforcement of their employment rights
  4. civil servants and employees in administrative disputes concerning the exercise of their rights in civil service relations
  5. persons with disabilities, on the basis of appropriate documents proving their status
  6. spouses, children and parents of war veterans killed, missing and imprisoned in the Homeland War, on the basis of appropriate documents proving their status
  7. spouses, children and parents killed, missing and imprisoned in the Homeland War, on the basis of appropriate documents proving their status
  8. refugees, displaced persons and returnees, based on appropriate documents proving their status
  9. welfare recipients who receive subsistence allowance
  10. humanitarian organisations, organisations dealing with the protection of families of those killed, missing and detained in carrying out humanitarian activities and organisations of disabled people
  11. children as parties in proceedings for maintenance or in proceedings concerning claims based on that right
  12. parties initiating proceedings for the determination of maternity or paternity and proceedings for the costs incurred by pregnancy and the birth of a child outside of marriage
  13. parties seeking reinstatement of legal capacity
  14. minors seeking authorisation to enter marriage
  15. parties to the proceedings in order to hand over a child and for the purpose of exercising a personal relationship with a child
  16. parties initiating procedures over rights arising from compulsory pension and general medical insurance, over rights of the unemployed pursuant to employment regulations and social welfare rights
  17. parties initiating procedures for the protection of constitutionally guaranteed human rights and freedoms against final individual acts
  18. parties in environmental pollution compensation disputes
  19. trade unions and higher level trade union associations in civil proceedings for judicial approval of replacement and in collective labour disputes and union representatives in civil proceedings in the exercise of the powers of the works council
  20. consumers as insolvent debtors and plaintiffs in proceedings brought on the basis of a final court judgment for the protection of collective interests
  21. other persons and bodies as required by a special law.

A foreign state is exempt from the payment of fees, if so provided by international treaty or subject to reciprocity.

In case of doubt about the existence of reciprocity conditions, the court will seek clarification from the Ministry responsible for Justice Affairs.

The exemption referred to in point 10 applies to those humanitarian organisations designated by decision of the minister responsible for social affairs.

The exemption from court fees shall not apply to bodies of local and regional self-government units, unless the exercise of public powers has been delegated to them in accordance with a special act.

In the European Small Claims Procedure, the following fees are payable:

  • for the action – paid by the plaintiff
  • for the defence – to be paid by the defendant
  • for the judgment – paid by the plaintiff
  • on appeal – Appellant’s salary
  • to reply to the complaint – paid by the respondent (not required to reply to the complaint)

How much will I pay?

I. For a claim, counter-claim, judgement and an objection to an order for payment, a court fee commensurate to the dispute amount is to be paid (calculated only for the amount of the main application without interest and costs), as follows:

above

up to EUR

euro

0,00

398,17

13,27

398,18

796,34

26,54

796,35

1.194,51

39,82

1.194,52

1.592,67

53,09

1.592,68

1.990,84

66,36

Over EUR 1.990.84 a fee of EUR 66.36 and a further 1 % is payable on the difference above EUR 1.990.84, but no more than EUR 663,61.

 

II. For the defence and the response, half of the fee referred to in point I shall be payable.

III. For an appeal against the judgment, the amount of the fee referred to in point I plus 100 % shall be paid.

IV. A court fee is not payable where a court settlement is reached during the court proceedings.

What happens if I do not pay the court fees on time?

If the party fails to pay the fee within the prescribed time limit or fails to inform the court without delay, the court will, within a further 15 days, affix a certificate of enforceability to the decision on the fee or the notice of objection and submit it to the Financial Agency for enforcement against the party’s funds in accordance with the provisions of the law governing the enforcement of funds.

According to Article 28 The court first informs the party attending the court action for which the fee is due, and the fee has not been paid immediately, to pay the fee within 3 days. If the party fails to act on the warning or has not been present in the court action for which the fee is payable and the fee has not been paid, the court shall issue a fee notice inviting the party to pay the fee within eight days of service of the decision. An additional fee of EUR 13.27 is payable on the fee notice.

How can I pay court fees?

Court fees are to be paid by cashless payment, in cash, in revenue stamps issued by the Republic of Croatia or electronically.

The cash fee may also be paid by the court’s accountancy, which is obliged to pay it into the budget revenue from court fees within five days of the date of collection.

In stamp duty fees may be paid if the amount of the fees is less than EUR 13.27.

Information on the method of payment of the court fee is displayed on the e-Notice panel website, the courts’ websites and court offices.

Court fees can be paid through any bank or post office into the State Budget of the Republic of Croatia.

In order to pay court fees from abroad the following information must be included:

SWIFT: NBHRHR2X

IBAN: HR1210010051863000160

Giro account (CC): 1001005-1863000160

Model: HR64

Call for: 5045-20735-OIB (i.e. other payer identification number)

Beneficiary: Ministry of Finance of the Republic of Croatia, on behalf of the Commercial Court in Zagreb

The payment description should include the fee for case ___ (number of the case file, and a description of the payment, e.g. court fee for a proposal to issue the European order for payment)

What do I do once I have made payment?

The receipt of the fee shall be attached to the submission for which the fee has been paid, with an indication of the parties to the proceedings, and when a certificate of payment of the fee for the court decision is submitted, the applicant shall indicate for which decision the fee is payable.

The parties are to submit documents to the court regularly by mail (registered or ordinary parcel delivery) or electronically, in a form pursuant to special regulations via the information system which is used in court business.

Last update: 27/03/2024

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