Costs of proceedings - Czech Republic

You can find information about the costs of justice in the Czech Republic on this page. For a more in-depth analysis on the costs of proceedings, please consult the following case studies:

Link opens in new windowFamily law - Divorce

Link opens in new windowFamily law – custody of the children and alimony

Link opens in new windowCommercial law – contract

Link opens in new windowCommercial law – responsibility


Costs of proceedings

Regulatory framework governing the fees of legal professions

Lawyers

There is only one type of lawyer (advocate) in the Czech Republic, no barristers or solicitors.

The Link opens in new windowRegulation of the Ministry of Justice No. 177/1996 Sb. of 4th June 1996 deals with the fees and remuneration payable to lawyers for the provision of legal services (the lawyers’ tariff). It is available in English on the website of the Czech Bar Association.

Lawyers’ fees can also be agreed privately between the parties involved.

In most civil law cases (including family and commercial matters), legal representation is not mandatory.

Fixed costs

Fixed costs in civil proceedings

Fixed costs for litigants in civil proceedings

Act. No 549/1991 Coll. on judicial payments (no English language version available) governs the costs payable in respect of civil proceedings. These vary according to the type of proceeding. Fixed fees apply in some cases; in others, the fee payable is calculated on the basis of a percentage.

In all cases, costs must be paid in Czech currency (CZK) and may be sent by bank transfer to the account of the state (or court). Costs of up to CZK 5000 can be paid by government fiscal stamp (kolek), which may be purchased at post offices and certain other places.

The court must notify the individual making the claim as to the specific amount she or he must pay.

Stage of the civil proceeding where fixed costs must be paid

Costs must be paid within three days of the date of notification, before the first hearing takes place.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

Criminal proceedings are always started ex officio (by the office of the state prosecution), and the defendant pays only the costs of legal representation.

Stage of the criminal proceeding where fixed costs must be paid

There are no judicial costs in criminal proceedings.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

There are no fixed judicial costs for actions brought before the Constitutional Court of the Czech Republic, but representation by a lawyer is mandatory.

Stage of the constitutional proceeding where fixed costs must be paid

There are no fixed judicial costs.

Prior information to be provided by legal representatives

Rights and obligations of the parties

There is no obligation imposed on legal representatives to supply prior information.

The rights and obligations of the parties may be agreed between a lawyer and his/her client.

Cost sources

Where can I find information on cost sources in the Czech Republic?

It is advisable to consult a lawyer about each specific case. Once an action has begun, the court becomes responsible for notification of the court fees to be paid.

In what languages can I obtain information on cost sources in the Czech Republic?

As the only official language in the Czech Republic is Czech, there is no legal obligation to provide information in other languages. The quality of information thus depends on the willingness and skills of the individual providing information.

Where can I find information on mediation?

Information on mediation can be found on the website of Link opens in new windowThe Association of Mediators of the Czech Republic (AMČR)

Where can I find additional information on costs?

Available website on costs information

There is no official website providing information on costs.

Where can I find information on the average length of time that different procedures take?

Various statistics are provided on the website of the Ministry of Justice; however, much depends on the particular case at hand. Some legal rules stipulate time limits only in relation to specific acts by the court (e.g. preliminary rulings).

Where can I find information on the average aggregate cost for a particular type of case?

The costs payable depend on the circumstances of each case; it is not, therefore, possible to provide such information in advance.

Value added tax

How is this information provided?

Judicial costs are VAT-free, and their amount is finite. The lawyer's tariff does not include VAT. However, certain law firms, which are VAT payers, add VAT (19%).

What are the applicable rates?

See the point above regarding VAT.

Legal aid

Applicable income threshold in the area of civil justice

No specific income threshold is set. However, on request, judges may review each situation individually. Partial or total exemption from payment of the court fee may be granted, provided the claimant has not launched an unreasonable action. A court may assign a legal assistant to a claimant where legal representation is mandatory.

Free legal aid is provided by specialised NGOs (depending on the subject matter) or by the Czech Bar Association. In specific cases, the Czech Bar Association may appoint a lawyer to provide legal services free. Qualifying for free legal aid not only takes into account the person’s income, but also the overall financial situation of her or his household.

Applicable income threshold in the area of criminal justice for defendants

No specific income level is set. Courts assign a lawyer to a defendant in all situations where legal representation is mandatory and the defendant does not have his/her own lawyer.

Applicable income threshold in the area of criminal justice for victims

Only certain NGOs provide free legal aid to victims. Victims are party to criminal proceedings in a few specific cases only; in others, they are obliged to bring an action (the information given above on the income threshold applicable for legal aid in the area of civil justice is relevant).

Other conditions attached to the granting of legal aid for victims

Victims may claim compensation from the Ministry of Justice (according to Act No. 209/1997 Coll.).

Other conditions attached to the granting of legal aid for defendants

The information given above on the income threshold applicable for legal aid for defendants in the area of criminal justice is relevant.

Cost-free court proceedings

Claims brought before the Constitutional Court are cost-free. Court fees are also not requested in certain types of proceedings (specified in § 11 Act No. 549/1991 Coll. on court fees) –- for example, where the claimant is a minor and in certain other cases (e.g., where the state or its organs is party to the proceedings; where a foreigner is claiming asylum, or in other cases involving ’weaker’ parties).

When does the losing party have to pay the winning party's costs?

It is up to the judge to decide (in his/her final decision) in each specific case; the judge may order the losing party to pay all or part of the costs. However, this does not apply in divorce proceedings. Orders for costs may also cover the lawyer’s costs.

Experts’ fees

The court pays the fees of experts it appoints. The contending parties are responsible for an expert’s fees only when they themselves request the services of an expert. In certain specific cases, the court may decide that the losing party should pay an expert's fee.

Translators' and interpreters' fees

The court is responsible for paying the fees of translators or interpreters in court proceedings; where the party is a foreigner who does not understand Czech, he or she has the right to address the court in his or her native language.

Related Attachments

Czech Republic’s report of the Study on Transparency of costsPDF(703 Kb)en


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 20/09/2019

Case study 1 - family law - divorce - Czech Republic

Please note that the original language version of this page Czech has been amended recently. The language version you are now viewing is currently being prepared by our translators.

In this case study on family law – divorce, member states were asked to advise the party filing for divorce on litigation costs in the following situations:

Case A – National situation: a couple gets married. Later they separate and agree to a divorce.

Case B – Transnational situation: Two nationals from the same member state (member state A) marry. The marriage is celebrated in member state A. After the wedding, the couple moves to live and work in another Member State (Member State B), where they establish their residence. Shortly thereafter, the couple separates with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Upon her return to Member State A, the wife immediately files for a divorce before the courts of Member State B.


Costs of proceedings

Costs in the Czech Republic

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

CZK 1000

Not applicable (N/A)

N/A

CZK 1000

N/A

N/A

Yes (not obligatory)

Contractual (usually CZK 1000 per hour, 3 hours)

Case B

CZK 1000

N/A

N/A

CZK 1000

N/A

N/A

Yes (not obligatory)

Contractual



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No.

Contractual, but according to lawyers tariff CZK 1500 for each stage (usually 5)

No (by post)

-

-

No.

CZK 350K per hour

Case B

No.

Contractual

No (depends on other country involved)

-

-

No.

CZK 350 per hour



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

No.

-

-

-

Case B

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

No.

-

-

-


Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percentage in general?

What costs are never reimbursed?

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

Case A

Only NGO

-

-

No.

-

All costs in divorce matters

No.

Case B

See directive on legal aid in cross-border disputes

-

-

No.

-

All costs in divorce matters

No.



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

From CZK 350 per page (depending on language)

-

-

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page (depending on language)

When a party or witness is foreign or does not understand Czech

CZK 350 per hour

-

-



The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 20/09/2019

Case study 2 - family law - custody of the children - Czech Republic

Please note that the original language version of this page Czech has been amended recently. The language version you are now viewing is currently being prepared by our translators.

In the Czech Republic, these two situations (custody and alimony) of children are always the subject of one set of proceedings and cannot be separated. The fact that the parents of children are not married does not make any difference. If they are married, these proceedings take place before the divorce proceedings.

In case study 2 on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.

  • In case study 3 on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody 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 establish their residence.

An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.


Costs of proceedings

Costs in the Czech Republic

Costs of court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

CZK 500 – 1000 per hour

Case B

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

CZK 500 – 1000 per hour



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

Usually contractual, depends on number of court sessions

(from CZK 5000)

No

-

-

No

CZK 350 per hour

Case B

No

Usually contractual, according to circumstances

No (depends on other country)

-

-

No

CZK 350 per hour


Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes, in relation to the real cost of their expenses

Differs in each situation

Not in these types of proceedings

-

-

-

Case B

Yes, in relation to the real cost of their expenses

Differs in each situation

Not in these types of proceedings

-

-

-



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percentage in general?

What costs are never reimbursed?

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

Case A

Only NGO

-

-

Not in general (only in particular cases where the income of the winning party is very low)

-

There is no court fee, so reimbursement may only relate to the lawyers’ fees.

No

Case B

See directive on legal aid in cross-border disputes

-

-

No

-

-

No


Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

-

-

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

When a party or witness is foreign or does not understand Czech

CZK 350 per hour

-

-



The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 20/09/2019

Case study 4 - commercial law - contract - Czech Republic

Please note that the original language version of this page Czech has been amended recently. The language version you are now viewing is currently being prepared by our translators.

In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations:

Case A – National situation: A company delivered goods worth 20.000 euros. 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 euros 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 under the contract with the buyer.


Costs of proceedings


Costs in Czech Republic

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual (usually 1000 CZK per hour, 3 hours)

Case B

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

4% of the amount (equivalent of 800€ in CZK)

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)

Case B

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)



Costs for witness compensation, pledge of security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

In commercial matters when requesting interim measure.

100,000 CZK

-

-

Case B

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

In commercial matters when requesting interim measure.

100,000 CZK

-

-



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

What costs are never reimbursed?

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

Case A

Only NGO

-

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.

Case B

See directive on legal aid in cross-border disputes

-

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

When a party or witness is foreign or does not understand Czech

CZK 350 per hour



The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 20/09/2019

Case study 5 - commercial law - responsibility - Czech Republic

Please note that the original language version of this page Czech has been amended recently. The language version you are now viewing is currently being prepared by our translators.

In this case study on commercial law – responsibility, Member States were asked to advise the customer on litigation costs in order to consider the following situations:

Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her 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 a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.


Costs of proceedings


Costs in Czech Republic

Costs of court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

4% of the amount (insurance requested)

Not applicable (N/A)

No.

4% of the amount

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual (usually 1000 CZK per hour, 3 hours)

Case B

4% of the amount (insurance requested

Not applicable (N/A)

No.

4% of the amount

Not applicable (N/A)

No.

Yes (not obligatory)

Contractual



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)

Case B

No.

Contractual

No.

-

-

No.

Contractual (min. CZK 350 per hour)



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

If interim measure is requested.

50,000 CZK

-

-

Case B

Yes. The actual amount of expenses incurred is paid.

Differs in each situation

If interim measure is requested

50,000 CZK

-

-



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percentage in general?

What costs are never reimbursed?

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

Case A

Centres for consumer protection, other NGOs

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.

Case B

See directive on legal aid in cross-border disputes; also European consumer centre

-

-

Yes.

Depends on circumstances of the case.

All costs can be reimbursed.

No.



Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

When a party or witness is foreign or does not understand Czech

CZK 350 per hour



The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 20/09/2019