The Spanish court costs system is characterized by the parallelism of fees charged by the Spanish state and those that may be additionally charged by the autonomous region, depending on the place of jurisdiction. The Spanish legislator understands court costs as a fiscal fee.
Regulations on court costs (tasa judicial) can be found in Ley 10/2012, which distinguishes between a fixed amount (cuota fija) and a variable amount (cuota variable). The fixed amount depends on the jurisdiction before which the proceedings are conducted and the type of proceedings applied, Art. 7 para. 1 Ley 10/2012. The variable amount is based on the amount in dispute. For an amount in dispute of up to one million euros, it is 0.5 % of the amount in dispute. Above that, 0.25 % of the amount in dispute. The variable amount is limited to a maximum of €10,000 Art. 7 Para. 2 Ley 10/2012. However, some court cases are exempt from court costs, especially among private individuals. The website of the Spanish Bar Association offers a court costs calculator(Calculadora de Tasas Judiciales).
The procedural costs (tasas) are regulated by the Spanish Civil Procedure Act (Ley 1/2000). If a party is completely unsuccessful in a legal dispute, it is ordered to pay the procedural costs, unless the case raises serious doubts with regard to the facts and the application of the law, Art. 394 Para. 1 Ley 1/2000. The amount that the losing party must bear of the costs of the winning party's lawyer and other experts is limited, Art. 394 para. 3 Ley 1/2000. There is an obligation to pay a total amount that does not exceed one third of the value of the proceedings for each party to the proceedings who has obtained such a decision.
If the parties are only partially unsuccessful, each party shall bear its own costs in full and half of the joint costs. The court may nevertheless order one party to pay the entire costs if it is of the opinion that this party has conducted the proceedings frivolously, Art. 394 para. 2 Ley 1/2000.
The costs of the proceedings, Art. 241 et seq. Ley 1/2000, are determined by the clerk (Secretario del Tribunal), Art. 243 para. 1 Ley 1/2000. The procedural costs include court costs and the lawyer's fee, as well as the remuneration of the attorney of record (Procurador) in the case of compulsory legal representation, Art. 241 para. 1 Ley 1/2000, for which a party must submit a corresponding application and enclose a breakdown of its costs together with supporting documents, Art. 242 para. 2 Ley 1/2000. The determination of costs can be challenged, Art. 245 f. Ley 1/2000.
The amount of the lawyer's fees in Spain is not fixed by law, but is agreed between the lawyer and the client. In doing so, the Spanish lawyer must comply with Art. 61 of the Spanish Lawyers' Code (Estatuto General de la Abogacia Espanola) and the Code of Conduct of the Spanish Bar (Código deontológico de la Abogacía Española) and competition rules. Guidelines (baremos orientadores) of the regional bar association (Colegio de Abogados) in whose jurisdiction the lawyer is working can be used for this purpose. The fee can be agreed in the form of a lump sum, an amount to be paid regularly or an hourly rate. A contingency fee may also be considered (cuota litis).
On January 14, 2025, the Spanish Competition Authority (CNMC) fined the Barcelona Bar Association (ICAB) €400,000 for failing to comply with previous rulings on collective recommendations for minimum fees for lawyers. The ICAB published fee tables which, according to the CNMC, led professionals to set minimum prices on the market. The conclusion from this is that lawyers in Spain are free to agree their fees and their professional freedom must not be unlawfully restricted.
In contrast, the remuneration of the procurador is regulated by law, Art. 242 para. 4 Ley 1/2000 in conjunction with Art. 34, 40 lit. b) of the Estatuto General de los Procuradores de los Tribunales de España. The amount depends in part on the amount in dispute, Art. 251 f. Ley 1/2000. Ley 1/2000. Details are regulated by the scale of fees of the legal representatives (Arcancel de derechos de los procuradores de los tribunales).
In comparison, the extrajudicial costs in Germany are generally based on the RVG. These depend on the amount in dispute. The fees according to the RVG are minimum fees and may not be undercut. It is possible - and especially common in larger units - to conclude remuneration agreements. This only differs from Spanish practice in that no minimum fees are regulated by the RVG in Spain. There, a fee agreement is based on the principles of the legal profession. In Germany, the reimbursement of lawyers' fees in the event of winning a case is limited to the costs based on the RVG. If a German legal expenses insurance policy is involved, billing is generally based on the RVG. Billing usually takes place directly between the lawyer and the legal expenses insurance. The total legal costs for Germany can be calculated using the legal costs calculator from Juris(legal costs calculator Juris).
In Germany, the unsuccessful party generally bears the costs of the legal dispute in accordance with Section 91 (1) ZPO. In comparison to the Spanish regulations, the bearing of costs is more comprehensive. An application is not required. The decision on costs is made ex officio. In addition, there are any special features, e.g. in the event of default by a party pursuant to Section 344 ZPO, immediate acknowledgement pursuant to Section 93 ZPO or in the case of co litigants pursuant to Section 100 ZPO.
In summary, it can be said that the two systems do not differ greatly in practice. They vary in detail. In Germany, there is a graduated system depending on the amount in dispute, both for out-of-court fees and for court costs. Lawyers' fees are regulated in both countries on the basis of individual agreements, unless the RVG is used in Germany. There are no minimum fees in Spain. In the event of victory, the amount of compensation for legal fees is limited in both countries.
Author:
Dr. Dominic John Patrick Porta, LL.M.
Attorney at Law (Düsseldorf Bar Association n° 52954)
Abogado (ICAIB n° 6645)
dominic.porta@anwaltmallorca.eu
www.anwaltmallorca.eu
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