Case study 5 - commercial law - responsibility - Germany

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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 Germany

Costs for Court and Appeals


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

Depends on the amount of compensation claimed

Depends on the amount of compensation claimed

Case B

Depends on the amount of compensation claimed

Depends on the amount of compensation claimed



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Post-judgment costs

Is use compulsory?

Cost

Case A

Yes

Depends on the amount of compensation claimed

No

Depends on the type of enforcement measure

Not compulsory by law but depends on whether the court considers it necessary to call in an expert, in which case highly probable in practice.

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax

Case B

Yes

Depends on the amount of compensation claimed

No

Depends on the type of enforcement measure

See above

Based on hourly rates, level differs according to area of activity, max. EUR 100 plus expenses and turnover tax



Costs for witness compensation


Case

Study

Witness compensation

Are witnesses compensated?

Cost

Case A

Yes

Loss of earnings, max. EUR 17 per hour, travel costs and other expenses

Case B

Yes

Loss of earnings, max. EUR 17 per hour, travel costs and other expenses



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

What costs are never reimbursed?

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

Case A

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

Case B

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above

See case study no. 4 above



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Case A

Case B

See case study no. 4 above

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

See case study no. 4 above

EUR 55 per hour plus expenses and turnover tax

Service of documents abroad



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Last update: 07/06/2019