Cash expenses include court fees, pre-trial costs (e.g. costs for securing evidence) and other cash expenses incurred (e.g. witness or expert fees). The amount of the court fees depends on the amount in dispute. The fees for each instance include a certain lump sum, which has to be paid in advance by the plaintiff. The exact calculation is regulated in the Court Fees Act (GGG). For example, the lump sum fee (as of 2022) for first instance proceedings is EUR 25 if the amount in dispute is up to EUR 150. If the amount in dispute is between EUR 2,000 and EUR 3,500, the court fee increases to EUR 182. If the amount in dispute exceeds EUR 350,000, the flat fee is 1.2% of the respective amount in dispute plus a fee of EUR 4,203.
The costs for the party representative consist of the costs for the actions taken by the representative. In summary, this means that each visit to the hearing and each written submission are charged. The amount of these costs is also based on the amount in dispute. The calculation is regulated in the Lawyers’ Fees Act (RATG). However, it should be noted that, in deviation from the Lawyers’ Fees Act, a different method of charging can also be agreed between the party and its lawyer (for example, according to hourly rates or lump sums) and these amounts can be higher than provided in the RATG. In the event of a loss of the case, however, the opposing party shall only have to reimburse the costs provided for in the RATG.
The costs incurred by the parties are in principle not subject to compensation. A claim for compensation exists, for example, only for those costs incurred by the personal appearance at the hearing (e.g. travel expenses) or for those damages incurred by missing time.
