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Costs of the Procedures

in Spain

In Spain the reimbursement of the legal costs depends on the type of procedure where you are involved.

The general rules establish that each party should pay its own costs on Criminal, Labor and Contentious Administrative Proceedings, which means that the Court does not charge the successful party costs and any other cost to the unsuccessful party who only will have to pay its own costs and the corresponding taxes applicable to litigate.

On the contrary, on civil procedures the general rules establish that is the unsuccessful party who has to pay the costs of the procedures.

Nevertheless, the Judge can decide that the unsuccessful party is not ordered to pay the costs of the procedure, and establish that each party has to pay its own costs of defense. In this case, the Judge will take into account some factors as vexatious proceeding or bad faith in order to establish who has to pay the costs of the procedure.

The Civil Procedure costs includes the Attorney’s fees,“Procurador’s” fees, notice publications, the claim tax and others established on the Law, as inherent outlays of these costs.

Now in Spain the claimant is obligued to pay taxes depending on the amount claimed as well as if you want to appeal the resolution. The claim taxes are so important because first of all, the taxes have been increased during the last years; and secondly, because you have to filing and pay the claim tax before you present the claim to the Court and start the procedure