Case study 4 - commercial law - contract - Malta

Malta

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.

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Costs in Malta

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	€ 680.16		N/A	€ 195.65		N/A	N/A	N/A
Case B	€ 680.16		N/A	€ 195.65		N/A	N/A	N/A

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	YES	Lawyer: €681.53 Legal procurator: €227.18	Not compulsory	N/A	N/A	NO	N.A
Case B	YES	Lawyer: €681.53 Legal Procurator: €227.18	Not compulsory	N/A	N/A	No	N/A

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	NO	N/A	Precautionary warrant against the debt indicated	€ 46.59	N/A	N/A
Case B	NO	N/A	Precautionary warrant against the debt indicated	€ 46.59	N/A	N/A

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 percent-age in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	NO	N/A	N/A	YES	Depends on the outcome of the judgement	Private consultation with the lawyers (extra-judiciary costs)	N/A
Case B	NO	N/A	N/A	YES	Depends on the outcome of the judgement	Private consultation with the lawyers (extra-judiciary costs)	N/A

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 which conditions is it necessary?	Approximate cost?	Description	Approximate cost?
Case A	When only one of the parties is English speaking	€ 34.94	Applies only when a witness is neither Maltese nor English speaking	Between €11.65 and €58.23 / hour	Costs incurred notifying the party residing abroad	Depends on the fees charged by other member states.
Case B	When only one of the parties is English speaking	€ 34.94	Applies only when a witness is neither Maltese nor English speaking	Between €11.65 and €58.23 / hour	Costs incurred notifying the party residing abroad	Depends on the fees charged by other member states.

Last update: 24/07/2025

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