Case study 1 - family law - divorce - Slovakia

In this case study on family law – divorce, Member States were asked to advise the party that files for divorce on litigation costs in order to consider 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 a same Member State (Member State A) get married. 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 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

EUR66

EUR0

EUR33

(eventual motion related to injunction)

EUR66

EUR0

EUR33

(eventual motion related to injunction)

No

Average EUR150

Case B

EUR66

EUR0

EUR33

(eventual motion related to injunction)

EUR66

EUR0

EUR33

(eventual motion related to injunction)

No

Average EUR200


Costs of 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

EUR0

No

Depends on various factors

Case B

Not compulsory but usual

Depends on various factors

 No

EUR0

EUR0

No

Depends on various factors



Costs of 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

Depends on various factors. On average EUR50

No

EUR0

EUR0

Case B

Yes

Depends on various factors. On average EUR200

No

EUR0

EUR0


Costs of legal aid and other reimbursement



Case study

Legal Aid

When and under what conditions is it applicable?

When is support total?

Case A

Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.

Case B

Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.




Case study

Reimbursement

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

As a general rule, no. However, the court may award a party a refund of the litigation costs of divorce, or a portion depending on the circumstances of the case and the parties.

50%

All costs incurred by one party are eventually reimbursable by the losing party, except the portion of experts’, lawyers’, translators’ and interpreters’ contractual (real) fees that exceed the legal tariff (abstract fees).

In principle, no. However, if conditions are met for a refund of incurred costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid, if the amount is larger than the costs of the provided legal aid.

Case B

As a general rule, no. However, the court may award a party a refund of the litigation costs of divorce, or a portion of this, depending on the circumstances of the case and the parties.

50%

All costs incurred by one party are eventually reimbursable by the losing party, except the portion of experts’, lawyers’, translators’ and interpreters’ contractual (real) fees that exceed the legal tariff (abstract fees).

Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, or (3) unless the costs spent so far for legal aid granted are or will be compensated to the designated advocate or the Centre of Legal Aid as a refund of the costs of proceedings.

If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is greater than the costs of the legal aid provided)


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.

Depends on various factors. An average of EUR100.

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 evidence or other documents. The court also appoints a translator for: (1) documents addressed to a foreign judicial authority; (2) motion for recognition and enforcement of judgement (including annexes) rendered by a Slovak court abroad; (3) at the request of a foreign judicial authority; (4) other judicial documents – unless provided otherwise by European legislation or international convention.

Translation costs incurred in relation to 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 costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average, EUR300



Case study

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

Description

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.

On average EUR100.

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 order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from 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 order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR300

Probably higher out-of-pocket expenses and loss of earnings However, the parties to divorce proceedings are not authorised to reimbursement/ refund of proceedings costs (subject to exceptions).

Average EUR500


Last update: 08/11/2019

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.

Case study 2 - family law - custody of the children - Slovakia

In this case study 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.


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

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0

Case B

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0


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

EUR0

no

On average EUR150

Case B

not compulsory but usual

Depends on various circumstances

no

EUR0

EUR0

no

On average EUR200



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

On average

EUR50

no

EUR0 (exempt from court fees)

EUR0 (exempt from court fees)

Case B

yes

On average

EUR150

no

EUR0 (exempt from court fees)

EUR0 (exempt from court fees)


Costs for legal aid and other reimbursement



Case study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Case A

Application submitted to Centre for Legal Aid. Provided where: applicant is in material need; case is not clearly unsuccessful, and litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.

Case B

The applicant submits his/her application for legal aid to the Centre for Legal Aid and if: (1) the applicant is domiciled or habitually resident in a Member State different from Slovak Republic; (2) the applicant proves that he/she would meet the condition of material need to be granted legal aid in Slovak Republic; that he/she meets the conditions required for the provision of legal aid in the Member State of his or her domicile or habitual residence; (4) the case is not clearly unsuccessful (5) the litigation amount exceeds the amount of the minimum wage – except for disputes in which the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.




Case study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

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

Case A

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

In principle, no. However, if conditions are met for a refund of incurred costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is greater than the costs of the provided legal aid.

Case B

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, or (3) unless the costs spent so far for granted legal aid are or will be compensated to the designated advocate or the Centre of Legal Aid as a refund of the proceedings costs.

If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is larger than the costs of the legal aid provided)

 


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.

Depends on various factors. An average of EUR100.

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 evidence or other documents. The court also appoints a translator for: (1) documents addressed to a foreign judicial authority; (2) motion for recognition and enforcement of judgement (including annexes) rendered by a Slovak court abroad; (3) at the request of foreign judicial authority (4) other judicial documents – unless provided otherwise by European legislation or international convention

Translation costs incurred in relation to 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 costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR300



Case study

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

Description

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.

On average EUR100.

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 order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from 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 order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR 400 euros

Probably higher out-of-pocket expenses and loss of earnings However, the parties to divorce proceedings are not authorised to reimbursement/ refund of proceedings costs (subject to exceptions).

Average EUR500


Last update: 08/11/2019

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.

Case study 3 - family law - alimony - Slovakia

In this case study 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 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

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0

Case B

EUR0

(exempt from court fees)

EUR0

EUR0

(exempt from court fees)

EUR0

no

EUR0


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

EUR300

no

EUR0

EUR200

no

on average

EUR150

Case B

not compulsory but usual

EUR800

no

EUR0

EUR200

no

on average

EUR250


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

EUR200

no

EUR0

EUR0



Costs for legal aid and other reimbursement



Case study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Case A

Application submitted to Centre for Legal Aid. Provided where: (1) applicant is in material need; (2) case is not clearly unsuccessful, (3) litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.

Case B

Application submitted to Centre for Legal Aid. Provided where: (1) applicant is in material need; (2) case is not clearly unsuccessful; (3) litigation amount exceeds the minimum wage – except in disputes where the litigation amount cannot be determined.

The successful applicant receives a complete package of representation and related services free.



Case Study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

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

Case A

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

No

Case B

No. None of the parties to the litigation is authorised to receive a refund of the proceedings costs where the proceedings could have been initiated ex officio – proceedings on matters of care for minors may be initiated ex officio.

Yes. A foreign entitled person must refund to the Centre of Legal Aid the legal aid granted in whole or in part (based on the decision of the Centre of Legal Aid) if: (1) his/her income and property conditions at the time of filing the application did not establish the right to legal aid, due to untrue or incomplete data provided or (2) his/her income and property conditions have substantially changed – mainly due to success in this cross-border dispute, If the foreign entitled person meets the conditions for refund of incurred proceedings costs, this will be awarded to the advocate who pays it to the Centre for Legal Aid if the amount is larger than the costs of the legal aid provided)



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.

Depends on various factors. An average of EUR100.

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: (1) translation at request of the Slovak court, including attached documents, addressed to a foreign judicial authority (2) a motion for recognition and enforcement of judgement (including annexes) rendered by Slovak court, abroad; (3) request of foreign judicial authority (4) other judicial documents, unless provided otherwise by European legislation or international convention.

Translation costs incurred in relation to 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 costs reimbursed by the parties, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

On average EUR150


                                                                                    


Case study

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

Description

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 order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from 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 order the parties to reimburse the costs, depending on the outcome of the case – unless the parties meet the requirements for exemption from court fees.

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

EUR500


Last update: 08/11/2019

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.

Case study 4 - commercial law - contract - Slovakia

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 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


Last update: 08/11/2019

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.

Case study 5 - commercial law - responsibility - Slovakia

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 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

6 % of the

value of the litigation amount;

(EUR3000 (in case of value of the claim EUR50,000)

EUR0

EUR33,

(related to eventual injunction)

6 % of the

value of the litigation amount;

EUR3000 (in case of value of the claim EUR50,000)

EUR0

EUR33

(related to eventual injunction)

no

EUR

0

Case B

6 % of the

value of the litigation amount;

EUR3000 (in case of value of the claim EUR50,000)

EUR0

EUR33,

(related to eventual injunction)

6 % of the

value of the litigation amount;

EUR3000 (in case of value of the claim EUR50,000)

EUR0

EUR33

(related to eventual injunction)

no

EUR

0


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

On average

EUR800

no

EUR0

EUR10,000 (i.e. 20 % of EUR50,000 if the debt was extortionate), supposing the court orders the defendant to pay EUR50,000 to the customer in a final and binding judgement.

This fee must be paid by the defendant over and above the claim.

no

On average

EUR300

Case B

not

compulsory but usual

On average

EUR1200

no

EUR0

EUR10,000 (i.e. 20 % of EUR50,000 if the debt was extortionate), supposing the court orders the defendant to pay EUR20,000 to the customer in a final and binding judgement.

This fee must be paid by the defendant over and above the claim.

no

On average

EUR300


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

On average

EUR50

no

EUR0

EUR0

Case B

yes

On average

EUR150

no

EUR0

EUR0


Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Case A

Not available (the relationship is governed by commercial law)

Case B

The applicant submits

his/her application for legal aid to the Centre for Legal Aid provided:

(1) he/she is domiciled or habitually resident in a member state different from Slovak Republic; (2) he/she proves that he/she meets the condition of material need to be granted legal aid in Slovak Republic (3) or that he/she meets the conditions required for the provision of legal aid in the member state of his or her domicile or habitual residence (4) the case is not clearly unsuccessful and (5) the litigation amount exceeds the amount of the minimum wage (except for disputes in which the litigation amount cannot be determined).

Please note that legal aid is not be provided if the consumer is not a physical person.

The entitled person receives a complete package of representation and related services free.




Case

study

Reimbursement

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

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

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).

 Yes. A foreign entitled

person shall refund to the Centre of Legal Aid the costs spent so far for granted legal aid in

whole or in part, based on the decision of the Centre of Legal Aid, if: his/her income and property conditions at the time of filing an application did not establish the right to legal aid, due to untrue or incomplete data provided by this person, or his/her income and property conditions has substantially changed, mainly due to success in this cross-border dispute, unless the costs spent so far for granted legal aid are or will be compensated to the designated advocate or the Centre of Legal Aid by the refund of the proceedings costs. (In case the foreign entitled person meets the conditions for refund of incurred proceedings costs, this refund will be awarded to the advocate

who pays it to the Centre

for Legal Aid if its amount was larger than the costs of the provided legal aid.)


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 relation to 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.

On average EUR50

Case B

For the translation of

documentary evidence or other documents. The court also appoints a translator for the purposes of translation

by request of the Slovak court, including: (1) attached documents (2) documents addressed to foreign judicial authorities (3) motion for recognition and enforcement of judgement (including annexes) rendered by Slovak court abroad (4) request by foreign

judicial authority (5) 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 EUR300



Case

study

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

Description

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 form 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.

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

In average

EUR

500


Last update: 08/11/2019

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.