Case study 5 - commercial law - responsibility - Malta

Malta

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.

Content provided by:

Malta

Costs in Malta

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees
Case A	Minimum of €712.77 (depends also on the value claimed)		N/A	€ 195.65		N/A
Case B	Minimum of €712.77 (depends also on the value claimed)		N/A	€ 195.65		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	Depends on value claimed	Not compulsory	N/A	N/A	Not compulsory, but in this case highly probable	De-pends on value claimed
Case B	YES	Depends on value claimed	Not compulsory	N/A	N/A	Not compulsory but in this case highly probable	De-pends on value claimed

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	Not applicable because the value to be claimed is not quantified	N/A	N/A	N/A
Case B	NO	N/A	Not applicable because the value to be claimed is not quantified	N/A	N/A	N/A

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under what conditions is it applicable?	When is support total?	Conditions?
Case A	Legal aid is applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.	N/A	N/A
Case B	Legal aid applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.	N/A	N/A

Case study	Reimbursement
	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	YES	Depends on the outcome of the judge-ment	Private consultation with the lawyers (extra-judiciary costs)	N/A
Case B	YES	Depends on the outcome of the judge-ment	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

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.

Report a technical/content problem or give feedback on this page