Case study 4 - commercial law - contract - Slovakia

Save as PDF

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 EUR20.000. 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 EUR20.000 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 Slovakia

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

EUR1200 (i.e. 6 % of EUR20,000)

EUR0

EUR33,

(related to eventual injunction)

EUR1200

(i.e. 6 % of EUR20,000)

EUR0

EUR33

(related to eventual injunction)

yes

On average

EUR400

Case B

EUR1200 (i.e. 6 % of EUR20,000)

EUR0

EUR33

(related to eventual injunction)

EUR1200

(i.e. 6 % of EUR20,000)

EUR0

EUR33

(related to eventual injunction)

yes

On average

EUR800



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

Not compulsory but usual

Depends on various factors

no

EUR0

EUR4000 (i.e. 20% of EUR20,000 – if the EUR20000 was extortionate), supposing the court orders the buyer/defendant to pay EUR20,000 to the seller in a judgement that is final and binding.

This fee must be paid by the defendant in addition to the claim.

no

On average

EUR250

Case B

Not compulsory but usual

Depends on various factors

no

EUR0

EUR4000 (i.e. 20% of EUR20,000 – if the EUR20000 was extortionate), supposing the court orders the buyer/defendant to pay EUR20,000 to the seller in a judgement that is final and binding.

This fee must be paid by the defendant in addition to the claim.

no

On average EUR500



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

EUR50

no

EUR0

EUR0

Case B

yes

EUR500

no

EUR0

EUR0


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

Not available (the plaintiff/seller is a legal person)

Yes

50% In case of partial success. The court may apportion the costs between the parties, declaring that none has the right to restitution. However, the court may award the partially successful party full restitution, depending on the opinion of the expert or the discretion of the court, or if the unsuccessful portion of the claim is relatively negligible. The court decides on the restitution/refund of the incurred proceedings´ costs upon a motion, either as a part of the final decision or by separate decision.

All costs effectively incurred by one party are eventually reimbursable by the other party – except experts’, lawyers’, translators’ and interpreters’ contractual (real) fees in an amount exceeding tariff fees, according to respective regulations (abstract fees).

Case B

Not available (the plaintiff/seller is a legal person)

Yes

50% In case of partial success. The court may apportion the costs between the parties, declaring that none has the right to restitution. However, the court may award the partially successful party full restitution, depending on the opinion of the expert or the discretion of the court, or if the unsuccessful portion of the claim is relatively negligible. The court decides on the restitution/refund of the incurred proceedings´ costs upon a motion, either as a part of the final decision or by separate decision.

All costs effectively incurred by one party are eventually reimbursable by the other party – except experts’, lawyers’, translators’ and interpreters’ contractual (real) fees in an amount exceeding tariff fees, according to respective regulations (abstract fees).



Costs for translation and interpretation


Case study

Translation

When and under what conditions is it necessary?

Approximate cost?

Case A

For translation of documentary evidence submitted to the court in another language (except the Czech language) by or in favour of either of the parties.

And eventually also for translation of other documents (for example, judgements) into the language the parties understand.

Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees.

Case B

For the translation of documentary evidence or other documents. The court also appoints a translator for the purposes of translation of request of the Slovak court, including the attached documents, addressed to foreign judicial authority, motion for recognition and enforcement of judgement (including annexes) rendered by Slovak court, abroad, request of foreign judicial authority as well as other judicial documents, unless provided otherwise by European legislation or international convention.

Translation costs incurred in the exercise of parties’ right to take part in court proceedings in their native language are paid by the state. However, the state can order these costs to be reimbursed by the parties, depending on the outcome of the case – unless they meet the requirements for exemption from court fees.

On average EUR150



Case study

Interpretation

When and under what conditions is it necessary?

Approximate cost?

Case A

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid proceedings costs reimbursed by the parties, pursuant to outcome of the case, unless the parties meet the requirements for exemption from the court fees.

Case B

If a person before the court speaks a language other than the Slovak language.

Also for the purposes of examining people who are deaf, dumb and deaf and dumb, unless it is possible to communicate with them in another reliable manner.

The parties to the litigation are authorised to act before the court in their native language or an official language of a state that they understand.

Interpretation costs incurred in relation to the exercise of the parties´ right to perform before courts in their native language are paid by the state. However, the state is authorised to have the paid proceedings costs reimbursed by the parties, pursuant to outcome of the case, unless the parties meet the requirements for exemption form the court fees.


Case study

Other costs specific to cross-border disputes?

Description

Approximate cost?

Case B

Probably higher out-of- pocket expenses and lost earnings of the parties.

On average EUR500



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: 26/06/2019