European e-Justice Portal

Costs

Czechia

In this case study on commercial law – contracts - Member States were asked to advise the seller on litigation costs in the following situations: Case A – National situation: A company delivered goods worth EUR 20 000. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed. The seller decides to sue to obtain the full payment of the price. Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20 000 euro to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided for under the contract with the buyer.

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 (with subject of the proceedings under CZK 40 million)	Not applicable (N/A)	No.	5% of the amount	Not applicable (N/A)	No.	Yes (e.g., arbitration proceedings or mediation)	Contractual
Case B	5% of the amount (with subject of the proceedings under CZK 40 million)	Not applicable (N/A)	No.	5% of the amount	Not applicable (N/A)	No.	Yes (e.g., arbitration proceedings or mediation)	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	In commercial cases, if preliminary injunction is requested.	CZK 50 000.	-	-
Case B	Yes. Actual costs are paid.	Differ according to the circumstances of the case	In commercial cases. if preliminary injunction is requested.	CZK 50 000.	-	-

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	Very rarely in commercial cases.	-	-	Yes.	Depends on the circumstances of the case.	Compensation of all costs may be ordered.	No.
Case B	See the Directive concerning application of legal aid in cross-border disputes	-	-	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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