Drafting claims and submissions
Tariff Item No. 7
An attorney shall be entitled to a fee for drafting a statement of claim, counterclaim, motion or request as follows:
1. If the value of the subject matter of the dispute is:
If the value of the dispute exceeds EUR 66,361.00 up to EUR 663,614.00, in addition to the fee of 500 points the attorney shall be entitled to calculate a fee of 1 point for each commenced EUR 133.00. Above a dispute value of EUR 663,614.00 up to EUR 1,327,228.00, in addition to the fee of 4,991 points the attorney shall be entitled to calculate a fee of 1 point for each commenced EUR 265.00. Above a dispute value of EUR 1,327,228.00, in addition to the fee of 7,496 points the attorney shall be entitled to calculate a fee of 1 point for each commenced EUR 664.00, but not more than 10,000 points.
2. The attorney shall be entitled to a one-off fee of 250 points, covering no more than four actions for each first-instance proceeding, in the following proceedings:
- disturbance of possession;
- easements;
- housing relations (terminations, evictions, declarations);
- employment relations (annulment of dismissal, determination of the right to work, etc.), except in assessable-value matters to which Tariff Item No. 7, point 1 applies.
For each further action in the above proceedings, the attorney shall be entitled to a fee of 50 points.
Proceedings following a decision setting aside the previous decision shall be deemed new first-instance proceedings, and in such proceedings the attorney shall be entitled to the fee under this Tariff Item.
3. The attorney shall be entitled to a one-off fee of 200 points, covering no more than four actions for each first-instance proceeding, in the following proceedings:
- divorce or annulment of marriage, and determination of the existence or non-existence of a marriage;
- establishment or contesting of paternity, and determination of with whom minor children shall live;
- statutory maintenance or termination of the maintenance obligation.
For each further action in the above proceedings, the attorney shall be entitled to a fee of 50 points.
Proceedings following a decision setting aside the previous decision shall be deemed new first-instance proceedings, and in such proceedings the attorney shall be entitled to the fee under this Tariff Item.
4. In disputes:
- concerning copyright, industrial property and related rights, the attorney shall be entitled to the fee under Tariff Item No. 7, point 1, but not less than 100 points;
- for determination of annuities, lease, rent and in other similar proceedings, the value of the dispute shall be the five-year amount of the annuity, lease, rent or other similar payments.
5. For claims seeking issuance of a payment order based on an invoice or an extract from business books, the attorney shall be entitled to 50% of the fee under point 1 of this Tariff Item, but not more than 100 points.
6. For a claim seeking issuance of bills-of-exchange, cheque and payment orders based on other securities, public and private documents, other than those referred to in point 5 of this Tariff Item, the attorney shall be entitled to the fee under point 1 of this Tariff Item.
7. Claims and reasoned submissions before domestic arbitration shall be remunerated under Tariff Item No. 7, point 1.
Claims and reasoned submissions before international arbitration and arbitration with an international element shall be remunerated under Tariff Item No. 7, point 1, increased by 100%.
8. For representation in amicable dispute resolution proceedings, the attorney shall be entitled to the fee under Tariff Item No. 7, point 1.
9. For representation in civil proceedings in which the value of the subject matter of the dispute is less than EUR 100.00, irrespective of Tariff Item No. 7, point 1, unless points 2 to 8 of this Tariff Item provide otherwise for particular proceedings and disputes, the attorney shall be entitled to a one-off fee of 50 points for the entire first-instance proceedings.
10. For applications instituting proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, the Act on the Implementation of the Convention on the Civil Aspects of International Child Abduction ("Official Gazette" No. 99/18), Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, Council Regulation No. 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, as well as in all other contentious and non-contentious proceedings relating to family disputes with an international element, the attorney attorney shall be entitled to a fee of 250 points.
Tariff Item No. 8
1. For drafting a statement of defence, an objection against a payment order and four reasoned submissions in first-instance proceedings, the attorney shall be entitled to the same fee as for a statement of claim under Tariff Item No. 7, points 1, 4, 7 and 8.
2. For drafting a motion for restitutio in integrum, the attorney shall be entitled to 50% of the fee under point 1 of this Tariff Item, but not more than 100 points.
3. For drafting reasoned submissions other than those referred to in Tariff Item No. 8, point 1, the attorney shall be entitled to 50% of the fee under Tariff Item No. 7, points 1, 4, 7 and 8, but not more than 100 points.
4. For drafting other submissions, the attorney shall be entitled to 25% of the fee under Tariff Item No. 7, points 1, 4, 7 and 8, but not more than 25 points.
5. For drafting reasoned submissions in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, the Act on the Implementation of the Convention on the Civil Aspects of International Child Abduction ("Official Gazette" No. 99/18), Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, Council Regulation No. 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, as well as in all other contentious and non-contentious proceedings relating to family disputes with an international element, the attorney attorney shall be entitled to a fee of 250 points, and for other submissions during the proceedings to a fee of 125 points.
6. Proceedings following a decision setting aside the previous decision shall be deemed new first-instance proceedings, and in such proceedings the attorney shall be entitled to the fee under this Tariff Item.
Representation at hearings
Tariff Item No. 9
1. For each hearing at which the merits were discussed, evidence was taken or a court settlement was concluded, the attorney shall be entitled to the fee under Tariff Item No. 7, points 1, 4, 7 and 8.
2. For all other hearings at which only procedural issues were discussed, or where before the merits were addressed the proceedings ended by withdrawal of the claim or objection, by a judgment based on admission or by default judgment, the attorney shall be entitled to 50% of the fee under Tariff Item No. 7, points 1, 4, 7 and 8.
3. For a hearing at which the judgment is pronounced, the attorney shall be entitled to 50% of the fee under Tariff Item No. 7, points 1, 4, 7 and 8, but not more than 50 points.
4. For each arbitration hearing at which the merits were discussed or evidence was taken, the attorney shall be entitled to the fee under Tariff Item No. 7, point 7, and for all other hearings to 50% of the fee under Tariff Item No. 7, point 7.
5. For attendance at a hearing that is adjourned before the hearing on the merits begins, the attorney shall be entitled to 25% of the fee under Tariff Item No. 7, points 1, 4, 7 and 8, but not more than 50 points.
6. For a hearing before a second-instance court, the attorney shall be entitled to the fee under Tariff Item No. 7, points 1, 4, 7 and 8.
7. For attendance at an on-site inspection, the attorney shall be entitled to the same fee as for representation at a hearing, as well as reimbursement under Tariff Item No. 39 and Tariff Item No. 49.
8. For representation in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, the Act on the Implementation of the Convention on the Civil Aspects of International Child Abduction ("Official Gazette" No. 99/18), Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, Council Regulation No. 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, as well as in all other contentious and non-contentious proceedings relating to family disputes with an international element, the attorney shall be entitled to a fee of 250 points.
Legal remedies
Tariff Item No. 10
1. For drafting ordinary legal remedies against a judgment, the attorney shall be entitled to the fee under Tariff Item No. 7, points 1, 4 and 7, increased by 25%.
2. For drafting ordinary legal remedies in proceedings referred to in Tariff Item No. 7, points 2 and 3, the attorney shall be entitled to a one-off fee of 100 points.
3. For drafting ordinary legal remedies in proceedings referred to in Tariff Item No. 7, point 9, the attorney shall be entitled to a one-off fee of 30 points.
4. For drafting an appeal against a decision, the attorney shall be entitled to 50% of the fee under Tariff Item No. 7, points 1, 4 and 7.
5. For drafting a motion for permission to lodge a revision and extraordinary legal remedies, the attorney shall be entitled to the fee under Tariff Item No. 7, points 1, 4 and 7, increased by 50%. For drafting a motion for permission to lodge a revision and extraordinary legal remedies in matters referred to in Tariff Item No. 7, points 2 and 3, the attorney shall be entitled to a fee of 150 points, and in matters referred to in Tariff Item No. 7, point 9 of this Tariff, to a fee of 100 points.
6. For drafting a response to an appeal, a response to a motion for permission to lodge a revision and a response to extraordinary legal remedies, the attorney shall be entitled to the fee under Tariff Item No. 7, points 1, 4 and 7.
For drafting a response to an appeal, a response to a motion for permission to lodge a revision and a response to extraordinary legal remedies in matters referred to in Tariff Item No. 7, points 2, 3 and 9, the attorney shall be entitled to a fee of 30 points.