Contributed By Pérez-Llorca
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:
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:
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 .