What do costs really cover? Deciphering article 695 of the Code of Civil Procedure

The conclusion of a lawsuit raises an essential question for the client and his counsel: who pays the legal costs? Article 696 of the Code of Civil Procedure lays down a general principle: unless the court decides otherwise, the losing party is ordered to pay the costs. However, there is often confusion between costs, which are a precisely defined category of expenses, and all the legal costs actually incurred in the course of proceedings. A significant proportion of expenses, in particular most of your lawyer's fees, are not included in the costs and are covered by another mechanism, Article 700.

But what exactly are "costs"? What are the specific costs that the unsuccessful party may be ordered to pay? This is not a vague concept left to the discretion of the judge. On the contrary, the law is very clear. Article 695 of the Code of Civil Procedure sets out the list, which is the result of a precise legislative framework and is strictly limited. It must be seen as an exhaustive inventory: if a cost is not expressly listed, it cannot be classified as a cost. A detailed analysis of this article is therefore essential for any litigant wishing to have a better grasp of the financial risk of a court decision and the sums they can hope to recover.

The restrictive inventory of Article 695 of the Code of Civil Procedure

Article 695 of the Code of Civil Procedure lists the only costs that may be qualified as costs. This list is limitative, which is consistently confirmed by the case law of the Superior Court. In concrete terms, if an expense is not explicitly mentioned in this article, it cannot be charged to the losing party as such. It may be claimed as an irreducible cost (article 700), but reimbursement is then left to the discretion of the judge. Understanding this list is therefore the first step in assessing the financial risk of a case.

Administrative and tax costs directly linked to legal proceedings

The first item of costs, referred to in 1° of article 695, concerns the costs generated by the operation of the judicial and administrative system. These are duties, taxes, fees or emoluments collected by court registries or by the tax authorities. These include, for example, the costs of publishing deeds with a land registrar (formerly the mortgage registry) when proceedings relate to real estate, as in the case of a property seizure. Specific contributions, where applicable, also fall into this category. These include the "duty allocated to the compensation fund for solicitors" and the "contribution for economic justice", although the latter, introduced on an experimental basis from 1 January 2025 following parliamentary debate, is limited to certain commercial courts.

Please note, however, that this provision of the Code of Civil Procedure expressly excludes "any duties, taxes and penalties due on deeds and documents produced in support of the parties' claims". If a judgement establishes a sale and this transaction generates registration fees, these are not costs. They do not arise from the procedure itself, but from the transfer of ownership.

Costs associated with the intervention of legal professionals

A significant proportion of costs are the fees of certain professionals whose involvement is required by law or a court order. It is essential for the client to have a proper understanding of these fees.

Fees and disbursements of court commissioners

Costs include "fixed disbursements" (article 695, 5°) and "emoluments of public or ministerial officers" (article 695, 6°). This applies mainly to judicial commissioners (who have taken over from bailiffs) for the procedural acts they perform. This may involve serving a writ of summons, seizing property from a garnishee or enforcing an eviction order. Their "emoluments" correspond to the part of their remuneration set by a regulated tariff, while their "disbursements" are the costs they have advanced to carry out an act (for example, the costs of a locksmith in the case of an ordered eviction). If a notary is appointed by the judge to carry out a specific task in the course of the proceedings, for example to draw up a draft division of property, his remuneration will also be included in the costs.

The lawyer's regulated and limited remuneration

This is a point that is often a source of confusion. Article 695, 7° of the Code of Civil Procedure states that only lawyers' fees "insofar as they are regulated" constitute costs. However, this regulated portion, known as the "postulation emolument", which was the remuneration paid to a lawyer registered with a bar to represent a party before a court where he could not plead the case himself, has been largely abolished. It remains only for certain very specific matters, such as seizure of real estate, judicial partition, auctioning or judicial securities.

In addition, there is the "droit de plaidoirie", a fixed contribution of €13 per pleading, the amount of which is set by the Minister of Justice and which is a cost. Apart from these residual cases, most of your lawyer's work (advice, analysis, drafting of submissions, pleading) is paid for by free fees, which are not costs. They come under Article 700 costs, which we will discuss below.

Remuneration of experts and technicians appointed by the judge

This is often the largest cost item. Article 695, 4° deals with the remuneration of "technicians". This term covers mainly legal experts, but also consultants or constatants appointed by a court decision to enlighten the court on a technical point. The fundamental point is that only the remuneration of the technician officially appointed by the court is included in the costs. If a party commissions an expert on its own initiative to obtain a private report in order to constitute evidence, the expert's fees will not be classified as costs. At best, they may be partially reimbursed under Article 700.

Hearing and personal protection costs

A trial may require people to be heard or their interests to be protected. The associated costs may be referred to as costs.

• Witness compensation : When a person is officially summoned to give evidence, whether in court or during an investigative measure such as an enquiry, he or she is entitled to compensation. Article 695, 3° provides that this compensation is a cost. It covers travel and accommodation costs and compensation for loss of earnings.
• Hearing the minor : In proceedings involving a child (divorce, parental authority, civil union) and affecting his or her civil status, the judge may appoint a qualified person to hear the child (psychologist, social investigator, etc.). The remuneration of this person appointed by the judge is a cost, as specified in article 695, 11°.
• Social investigation : Similarly, the costs of social enquiries ordered by the judge in family matters (adoption, guardianship) are costs (article 695, 10°).

International procedural costs

When a case has an international dimension, specific costs arise. Article 695 of the Code of Civil Procedure takes this into account. The following are included in the costs

• The cost of translation of documents when required by law, an international contract or an international commitment made by France (article 695, 2°). This is the case for service of a procedural document on a party residing abroad.
• The cost of notification a document to a person in another country (article 695, 8°).
• The costs of interpreting and translation required for investigative measures (expert reports, hearings) carried out abroad at the request of a French court, as part of judicial cooperation, particularly within the European Union (article 695, 9°).

The rule is strict: if you have documents translated for the purposes of your case without a legal obligation or court order to do so, these costs are not costs.

What costs do not cover: irreducible costs under Article 700

An analysis of section 695 is incomplete without considering what it excludes. This is often where most of the real costs of a trial for a client lie. These costs, known as "irreducible" costs, are governed by article 700 of the Code of Civil Procedure.

The fundamental distinction with lawyers' fees

As we have seen, almost all the fees you pay to your lawyer for advice, strategic analysis, drafting and pleading are not included in the costs. These fees are known as "irreducible" fees. The party that wins the case can ask the judge to order the opposing party to reimburse part of these fees. However, the judge has complete discretion: he can award a sum, which is often a lump sum and rarely covers all the fees paid, or refuse any compensation, taking into account the fairness or the economic situation of the convicted party. This distinction is essential if the client is to have a fair view of the financial stakes, the potential gain and the desirability of pursuing a case or not.

Other costs not included in the costs

In addition to the lawyer's fees, many other expenses are not costs. These include

• The fees for a expert or private consultant that you appoint yourself.
• Your personal travel to attend hearings or expert appraisals.
• The costs of documentation and research to compile your file.
• The cost of finding of a judicial commissioner carried out on your own initiative, without a prior court order.

For all these costs, the only possible route to reimbursement, apart from coverage under a legal expenses insurance policy, is a claim under Article 700, with all the risks that this entails.

The special case of acts invalidated by the fault of a professional

The Code of Civil Procedure protects litigants against errors made by legal professionals. If a procedural act turns out to be unnecessary or is annulled due to the fault of a lawyer or a court commissioner, the related costs are not considered to be costs. Articles 697 and 698 even provide that these costs may be charged directly to the professional at fault. This is an important safeguard to ensure that negligence does not increase the financial burden of the trial for the client.

Verification and recovery of costs: a regulated procedure

Once a court decision has been made and costs have been awarded, recovery is not automatic. It follows a specific procedure designed to ensure that the amounts claimed are fair. The party who has obtained the order must first draw up a detailed account of all the costs. This account is then submitted to the court registry for administrative verification.

The court clerk then issues a "verification certificate", which is notified to the convicted party. The convicted party has one month to contest the certificate in good time. If it is not contested within this period, the certificate becomes an enforceable title by operation of law. In the event of disagreement, the dispute is referred to the president of the court, who makes a ruling in the form of a "tax order". This procedure ensures that only costs that are legally classified as costs and correctly calculated can be recovered. Mastery of these mechanisms, which may include provisional enforcement of the tax order, is often necessary in order to proceed with the recovery of costs.forced execution of the judgment.

Understanding the concept of costs is essential for anyone involved in legal proceedings. Not only does it enable you to discuss foreseeable costs effectively with your lawyer, it also helps you to understand the exact financial implications of a judgment that has been handed down and has the force of res judicata. For an in-depth analysis of your situation and a strategy tailored to the issues at stake, contact our firm: a specialist lawyer will give you all the help you need.

Sources

• Code of Civil Procedure (CPC): Articles 695, 696, 697, 698, 700 to 725. This codification is the main source of law in this area.
• Commercial Code (C. Com): For the regulated tariffs of lawyers, court commissioners and other auxiliaries, as well as the classification of procedural documents.
• Social Security Code (CSS) : For provisions relating to pleading rights.
• Doctrine and case law: the opinions of leading legal experts and decisions of principle (in particular those published in the Bulletin civil de la Cour de cassation) help us to understand the spirit of the texts and their practical application.
• Legal information bulletins and official journals: (for example, the Journal Officiel de la République Française for laws and decrees, such as that of 1 October 2011 on legal contributions).