Last Updated July 15, 2019

Law and Practice

Contributed By Pérez-Llorca

Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

The general rule is that, in declaratory proceedings, the party who has had all of their pleas rejected is responsible for paying the costs of litigation. Exceptionally, should the case present serious de facto or de iure doubts, the court would order each party to pay its own costs. In any case, the court’s decision on costs can be appealed.

The costs deemed recoverable under Spanish Law are mainly the following:

  • lawyer and expert fees up to one third of the cost of the proceedings;
  • court agents’ fees for technical representation before the court;
  • court’s fees;
  • any expenses incurred by the prevailing party during the proceedings, such as the cost of the placement of advertisements or public notices and the cost of copies, certifications, notes, affidavits or other similar documents that need to be requested in accordance with the law.

The appraisal of costs is conducted by the court clerk and can be challenged within a time limit of ten business days. The grounds for challenging the appraisal may be that the items included as costs are inappropriate or their amount excessive, or the failure of the court to include all the fees that shall be reimbursed.

When awarding costs, the court mainly considers the following:

  • if the pleas of the parties have been fully or partially dismissed;
  • the complexity of the case, which may present serious de facto or de iure doubts;
  • if one of the parties is litigating recklessly.

According to Spanish law, any settled amount deemed to be due shall bear interest. Therefore litigation costs should not be an exception. However, this matter has provoked some controversy since some Spanish courts have ruled that such costs do not bear interest.

Such interest is calculated from the day upon which the appraisal of costs decision is rendered by the court clerk .

Pérez-Llorca

Paseo de la Castellana, 50
28046 Madrid

+34 91 436 04 20

+34 91 436 04 30

info@perezllorca.com www.perezllorca.com
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Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

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