Legal fees in small claims cases

14. January 2019

In a recent judgment (file no. IV. 3859/17), the Constitutional Court considered the issue of legal costs in small claims cases.

The court’s ruling can be summarised as follows: based on the principles of a fair trial, as stated in Article 36 et seq. of the Charter of Fundamental Rights and Freedoms, a lawyer’s fee in a small claims case must not exceed the sum being sued for. Exceptions apply only in extraordinary and duly justified cases.

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