Costs of justice
in Luxembourg
In Luxembourg, the Court's costs and expenses are distinguished from the lawyer's expenses and fees.
The Court's costs are provided under the article 238 of the nouveau Code de procedure civile (NCPC). The Court will determine which part has to reimburse them, according to the outcome of the procedure. The loosing part has to pay for them in general. However, sometimes the Court can decide otherwise for some specific reasons.
When the representation by a lawyer is mandatory to take action, the lawyer will have to expressly request to be reimbursed of these costs and fees by affirming having paid for them in advance.
Regarding the lawyer expenses they are provided under the article 240 of the nouveau Code de procedure civile (NCPC). The Court, on the lawyer request, will grant a fixed price to the winning part depending on the value of the matter and of the inequity or unfairness of the procedure.