The judgement has finally come down, and it's in your favour. This is a decisive step, and often a relief after months or even years of proceedings. The decision also orders your opponent to reimburse you for the "costs" of the case, which have been advanced throughout the proceedings. But getting this conviction on paper is only the first part of the process. How do you turn this line of the judgement into an actual reimbursement? To make an effective claim your rights of recoveryIn the case of a claim, it is essential to master the specific procedure that applies, as specified by law and case law.
The recovery of costs is governed by precise rules set out in the Code of Civil Procedure. It is not enough simply to send an invoice to the opposing party. Above all, you need to understand the nature of these costs and not confuse them with your lawyer's fees, which fall into a different category: irreducible costs. Applying these rules can present some practical difficulties.
Expenses and irreducible costs: don't get confused!
Before taking any action, the principle is to distinguish between two types of legal costs that tend to be mixed up. The judgement treats them separately because their nature and method of recovery are different. Costs are the expenses of the proceedings that are almost automatically reimbursed to the winning party, whereas irreducible costs are only reimbursed if the judge expressly decides to do so, in application of his sovereign power.
Limited list of costs (article 695 of the Code of Civil Procedure)
Costs correspond to the expenses incurred in conducting the case, the list of which is strictly and exhaustively set out in article 695 of the Code of Civil Procedure (in the version in force in October 2023). This limitative nature, regularly reiterated by the case law of the Civil Division of the Court of Cassation, means that anything not explicitly mentioned in this article is excluded. It mainly covers :
- Fees, taxes or charges levied by court registries.
- The cost of translating documents if this has been made necessary by the proceedings.
- Witness fees.
- The remuneration of the technicians, as for a judicial expertise.
- The tariffed emoluments and taxed expenses of the commissaires de justice (former bailiffs). This may include a bailiff's report.
- The pleading fee, of a fixed amount of €13 (amount set by decree no. 2017-862 of 9 May 2017, JORF of 10 May 2017).
The largest item of expenditure deliberately excluded from this list is legal fees. This is where the second concept comes into play, relating to costs not included in the costs.
Irrepeatable costs (article 700 cpc): the "other" costs of the trial
Irreparable costs are those that are not included in the list of costs. These are essentially your lawyer's fees, but also certain travel or consultancy expenses that you may have incurred. Article 700 of the Code of Civil Procedure (in the version in force from 1 November 2019) allows the judge to order the losing party to reimburse you for all or part of these costs. However, unlike costs, this decision is not automatic. In this matter, the judge rules on the basis of equity or the economic situation of the parties. He has sovereign power, as confirmed by established case law, to set the amount of the award under Article 700, which may be less than the amount you actually spent. Visit distinction from irreducible costs under Article 700 of the Code of Civil Procedure is therefore essential for any legal action.
Step 1: Obtain a detailed account and have it checked by the registry
The first thing to do is to quantify precisely the amount of costs due. If you are assisted by a lawyer, this legal aid will draw up a "statement of costs" or "account of costs". This document, which constitutes an official request, summarises in detail all the items of expenditure incurred that correspond to the list in article 695 of the Code of Civil Procedure (the version applicable to the dispute).
Once this account has been drawn up, it must be submitted to the clerk of the court that issued the decision. The court clerk has a vital role to play in verifying this account, as provided for in article 704 of the Code of Civil Procedure (in its current version). The court clerk checks that the sums claimed are in accordance with the tariff regulations and that they correspond to acts provided for by law. At the end of this verification, the court clerk issues a key document: the verification certificate (article 705 CPC, version of the April 2017 decree). This step, which aims to obtain a verified account, is a mandatory prerequisite before any legal action or forced recovery measure.
Stage 2: Enforceability of the account via notification
The verification certificate alone is not sufficient to demand payment. It must become "enforceable". To do this, a formal notification of the certificate must be sent to the party against whom payment has been made (article 706 CPC, 2019 version). This notification is subject to strict formalities: it must state that the other party has a period of one month in which to contest the amount and specify that failing this, the certificate will become enforceable. It must be sent directly to the party concerned, usually by registered letter with acknowledgement of receipt, together with a copy of the certificate.
If no appeal is lodged within this period, simply return to the court clerk. On presentation of the proof of notification received, he will mark the certificate as enforceable (article 707 CPC, version issued by the decree of 28 December 1998, JORF of 30 December 1998). You will then have an enforceable title, in the same way as a judgement and with the authority of res judicata as regards its amount, enabling you to appoint a court commissioner to carry out the payment of the debt. enforced recovery if no spontaneous payment is made.
Stage 3: contesting costs - the tax procedure
If your opponent disputes the amount verified by the court clerk within the one-month time limit, he or she must refer the matter to the president of the competent court. This judge then acts as the "taxing judge" (articles 708 and 709 CPC, in the version resulting from decree no. 2019-1333 of 11 December 2019, JORF of 12 December 2019). The judge examines the dispute on the basis of documents or after taking observations from the parties and their application. He issues a decision called a tax order, which sets the final amount of costs. This order, once it has been certified enforceable by the court registry, enables recovery to be initiated. A recent ruling confirmed the rigour of this procedure.
Appealing against a tax order: a last resort with suspensive effect
Is one of the parties dissatisfied with the taxing judge's decision? An appeal may be lodged with the First President of the Court of Appeal (article 714 CPC, version as at 1 January 2020). This appeal must be lodged within one month of notification of the order. It has a suspensive effect: until the First President has given a ruling, payment of the costs cannot be enforced. This is one of the suspensive appeals provided for by the regulations in force.
Forced collection: strategies and remedies in the event of resistance
You have obtained an enforceable title, whether an uncontested certificate of verification or a tax order, but the opposing party is still not complying. Voluntary payment is not always the norm. You have several options for recovering what you are owed.
Calling on a judicial commissioner: traditional enforcement procedures
This is the most direct route. Armed with your writ of execution, a court-appointed official can initiate seizure procedures. The most effective of these is often the "saisie-attribution", which allows the sums available in your debtor's bank accounts to be blocked and paid out. Other seizures, such as the seizure for sale of movable property or even, for large debts, the seizure of real estate, are also possible means of enforcement.
Is it possible to use a debt collection agency?
Once the writ of execution has been obtained, the costs claim is a civil claim like any other. There is therefore nothing to stop you from appointing a debt collection company. This company can act on your behalf to carry out amicable debt collection procedures or to coordinate and monitor the actions of the court-appointed debt collector. This alternative, whose use must be regulated, can be a useful way of outsourcing the sometimes tedious monitoring of these procedures.
Bad faith on the part of the debtor: how to obtain additional damages?
A simple delay in performance automatically generates interest at the legal rate. But what can you do if your adversary organises his insolvency or shows manifest abusive resistance, which constitutes a difficulty in performance? Article 1231-6 of the Civil Code (in the version in force since the Order of 10 February 2016, JORF of 11 February 2016) offers a remedy. If you are able to prove not only bad faith on the part of your debtor, but also damage that is distinct from mere delay (for example, bank agios that you had to pay because the funds were not available), you can ask the judge to order him to pay additional damages under this provision.
Special cases and points to watch out for
In addition to the standard procedure, there are a number of points that require particular attention if you are not to lose the benefit of your rights, or if you want to optimise the process. The practice of litigation reveals a number of subtleties.
Direct collection by the lawyer (article 699 cpc)
This mechanism, provided for in article 699 of the CPC (2021 version), enables a lawyer who has personally advanced the costs (by paying an advance, for example) to claim them directly from the opposing party, without these sums passing through you. To do so, he must have expressly requested this from the judge and obtained it in the decision. This is a practical facility, but it is subject to strict conditions, in particular the fact that representation by a lawyer is compulsory in the proceedings concerned at the first instance or appeal stage. This request must be made before the end of the pre-trial stage, failing which it will be null and void.
Limitation periods: beware of time limits!
The right to claim costs is not eternal. In principle, it is a limitation period, which can therefore be interrupted (by the notification of the certificate of verification, for example) or suspended, unlike a foreclosure period, which is a time limit. The ordinary limitation period is five years (article 2224 of the Civil Code, as amended by the Act of 17 June 2008). However, this period is reduced to two years if the party against whom the claim is brought is a consumer (article L. 218-2 of the French Consumer Code, in its current version). It is crucial to note that case law has specified the starting points for these time limits. In addition, European Union law, particularly in the area of consumer protection, may influence the application of these rules in French law.
Legal aid
If you have benefited fromlegal aid (AJ), it is the State that has advanced all or part of the costs. If your opponent is convicted, your lawyer will recover these sums, which will then be paid to the Treasury (or the relevant administration). You therefore do not have to worry about recovering the costs covered by the legal aid, which is important legal information for the beneficiary.
What about mediation costs?
Alternative dispute resolution methods are on the increase, but how are their costs treated? Unless otherwise agreed between the parties or specifically ordered by the judge, the costs of mediation are not generally considered to be costs within the meaning of article 695 CPC (in its most recent version). In most cases, they are shared between the participants. The mediation agreement may also provide for a specific breakdown, illustrating the flexibility of this alternative to litigation.
The recovery of costs, although logical after a victory, requires specific steps to be taken. Our firm can assist you in these post-judgment stages to ensure that your costs are recovered. recovery of sums owed to you. Contact us to discuss your situation and the most appropriate means of enforcement.
Frequently asked questions
What are costs?
Costs are the legal expenses incurred in conducting a lawsuit, the list of which is set by law (article 695 of the Code of Civil Procedure, in the version in force in October 2023). They include, in particular, the costs of the court commissioner, the costs of judicial expertise, the statement of facts, and witness compensation.
Are my lawyer's fees included in my costs?
No, lawyers' fees are not costs. They constitute "irreducible costs" that the judge may decide to charge to the losing party, in whole or in part, on the basis of Article 700 of the Code of Civil Procedure (in its November 2021 version).
What is the time limit for claiming costs?
Action for recovery of costs is barred after five years from the date on which the court's decision became final. This period is reduced to two years if the party ordered to pay costs is a consumer (in application of consumer law). Administrative and judicial case law has clarified this point.
What can be done if the opposing party does not pay the costs?
Once you have a writ of execution (an uncontested verification certificate or tax order), you can appoint a court commissioner to initiate compulsory collection procedures, such as seizing the debtor's bank accounts.
What is a costs verification certificate?
This is an official document issued by the court registrar certifying the exact and correct amount of costs due. It is required for verification and recovery purposes, before the costs claim can be made enforceable and enforced.
What is the difference between costs and irreducible costs?
Costs are the procedural expenses listed by law (art. 695 CPC, version 2023), which are almost always reimbursed to the winning party. Irreparable costs (art. 700 CPC, consolidated version), such as lawyers' fees, are only reimbursed if the judge specifically orders it on the basis of equity. The case law of the Cour de cassation, in numerous rulings, ensures that this distinction is respected.
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