Decree of the Ministry of Justice No. 484 / 2000 Coll.
Decree of the Ministry of Justice setting flat rates of remuneration for representation of a participant by a lawyer or notary when deciding on reimbursement of costs in civil proceedings and amending Decree of the Ministry of Justice No. 177 / 1996 Coll., on the remuneration of lawyers and compensation of lawyers for the provision of legal services (legal tariff), as amended
Valid
Order
Effective from 01.01.2001
484
DECLARATION
Ministry of Justice
of 18 December 2000
setting flat rates of remuneration for representation of a participant by a lawyer or notary when deciding on reimbursement of costs in civil proceedings and amending Decree No. 177 / 1996 of the Ministry of Justice Coll., on the remuneration of lawyers and compensation of lawyers for the provision of legal services (legal tariff), as amended
According to Section 374a (c) of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 263 / 1992 Coll., Act No. 24 / 1993 Coll. and Act No. 30 / 2000 Coll.:
GENERAL PROVISIONS
(1) When deciding on the reimbursement of costs (Section 151 of the Civil Code), the court shall determine the amount of remuneration for the representation of a party by a lawyer or notary in civil proceedings at the rates and under the conditions laid down in this Order.
(2) In respect of the fee for representation by a notary, this decree shall be followed only if the notary of the participant has represented the notary of the participant within the scope of his authorisation provided for by special legislation.1).
(1) The rates of remuneration shall be fixed for proceedings at one stage on the basis of the amount of money or on the price of other payable transactions which are the subject of the proceedings or according to the nature of the case in question.
(2) The rate referred to in paragraph 1 shall include all acts of legal service performed by a lawyer or notary, with the exception of remuneration for acts which are part of the costs of the proceedings, the compensation of which shall be decided by the court under Paragraph 147 of the Civil Code.
REWARD SETTLEMENT
Rates of remuneration in proceedings carried out under Part Three of the Civil Code
(1) Save as otherwise provided, the rate of remuneration shall be:
| 1. | do 100 Kč | 1 000 Kč, |
| 2. | přes 100 do 500 Kč | 1 500 Kč, |
| 3. | přes 500 do 1 000 Kč | 2 500 Kč, |
| 4. | přes 1 000 do 2 000 Kč | 3 750 Kč, |
| 5. | přes 2 000 do 5 000 Kč | 4 800 Kč, |
| 6. | přes 5 000 do 10 000 Kč | 7 500 Kč, |
| 7. | přes 10 000 do 200 000 Kč | 7 500 Kč a 17 % z částky přesahující 10 000 Kč, |
| 8. | přes 200 000 Kč do 10 000 000 Kč | 39 800 Kč a 2 % z částky přesahující 200 000 Kč, |
| 9. | přes 10 000 000 Kč | 235 800 Kč a 0,15 % z částky přesahující 10 000 000 Kč. |
(2) Where a returnee is involved, the subject matter of the proceedings referred to in paragraph 1 shall be the sum of those transactions; However, for transactions for an indefinite period or for a period of more than five years, they shall be only five times the annual performance.
(3) The determination of the rate referred to in paragraph 1 shall not take into account the accessories of the claim or right, unless it is applied as a separate subject-matter.
(4) Where the procedure for the performance of a contract which has been expressed in cash in the contract is the subject of the procedure, the amount specified in the contract shall be deemed to be the subject of the procedure; The same shall apply where the proceedings for repayment of payments under an invalid or cancelled contract are pending.
(5) Where a note or a cheque is the subject of proceedings and if the amount of money is not paid, the amount of money shown in the currency or the cheque shall be deemed to be the subject of proceedings; The same applies where another security is the subject of proceedings, indicating its nominal value.
(6) Where the amount of money is expressed in foreign currency, the subject matter of the proceedings in Czech currency shall be determined according to the rate applicable to the purchase of valuables, as shown in the Czech National Bank's exchange sheet issued on the first day of the month in which the costs are to be paid. For currencies not included in the Czech National Bank's exchange rate sheet, the EURO or USD exchange rate declared by the Central Bank or equivalent to the Bank of the State in which the recalculated currency applies shall be used.
(1) The rate of remuneration shall be determined in accordance with Article 3 in respect of the cancellation and settlement of joint ownership and the settlement of joint capital or other assets of spouses.
(2) In cases of cancellation and settlement of joint ownership, the subject matter of the proceedings shall be deemed to be:
(a) the price of the case after deduction of the price of the representative participant's share, where the application for the commandment of the case goes to that participant or for the sale of the case;
(b) the price of the case after deduction of the price of the share of the other joint owners, if the proposal for the commandment of the case goes to the other joint owners;
(c) the price of the case, if the proposal for a real division of the case.
(3) In matters relating to the settlement of the joint capital or other property of the spouses, half of the value of the assets and liabilities settled or other values, as the case may be, shall be treated as the object of the proceedings.
In determining whether or not there is a legal relationship or a law, the rate of remuneration shall be:
| a) | jde-li o právní vztah nebo právo k podniku | 25 000 Kč, |
| b) | jde-li o právní vztah nebo právo k | 20 000 Kč, |
| c) | jde-li o právní vztah nebo právo z průmyslového nebo jiného duševního vlastnictví | 20 000 Kč, |
| d) | v ostatních případech | 15 000 Kč. |
(1) In matters of personal rights, in matters of protection against the disclosure of information which constitute an abuse of freedom of expression, words and press under the legislation on mass information, and in matters arising from the application of rights and obligations under the legislation on the protection of personal data or under the legislation on the protection of industrial and other intellectual property, the rate of remuneration shall be:
| a) | je-li požadována náhrada nemajetkové újmy | 25 000 Kč, |
| b) | v ostatních případech | 15 000 Kč. |
(2) Cases in which payment of a cash amount other than compensation for non-property damage is the subject of proceedings shall not be subject to paragraph 1; in such cases, the procedure laid down in Article 3 shall be followed.
If it is not possible to determine the rate of remuneration provided for in Sections 3 to 6, it shall:
a) in matters governed by the Family Act 5,000 CZK,
b) in business companies, cooperatives and other legal persons, CZK 20 000.
In cases not listed in § 3 to 7, the rate of remuneration is CZK 10,000.
Rates of remuneration in proceedings under Parts Two, Four, Five and Sixth of the Civil Code
In the case of interim measures, the rate of remuneration is CZK 3,000.
(1) In recovery cases, the rate of remuneration is CZK 10,000.
(2) In cases of lawsuits for confusion, the rate of remuneration is CZK 10,000.
(3) In cases of appeal and appeal, the rate of remuneration shall be assessed at rates such as those governing the remuneration for proceedings before the Court of First Instance, unless otherwise specified.
In cases of action under Part Five of the Civil Code, the rate of remuneration is CZK 10,000.
(1) In respect of enforcement or execution ("enforcement '), the rate of remuneration shall be:
| a) jde-li o vymožení peněžité částky | 50 % sazby odměny podle § 3 odst. 1, nejméně 500 Kč, |
| b) jde-li o splnění jiné povinnosti | 5 000 Kč. |
(2) When performing or stopping the execution of the decision, the rate of remuneration is CZK 5,000.
(3) Paragraph 3 (2), (3) and (4) applies mutatis mutandis.
Rates of remuneration in special cases
(1) If the Court of First Instance decides to dismiss the action or to terminate the proceedings, the rate of remuneration shall be 50% of the rates set out in Sections 3 to 9, Section 10 paragraphs 1 and 2, Section 11 or Section 12, but not less than CZK 750 and not more than CZK 15,000; This does not apply if the proceeding has been terminated (partially terminated) due to withdrawal of the application.
(2) If the conditions for determining the rate of remuneration referred to in paragraph 1 are missing, the rate of remuneration shall be CZK 500.
(1) If the court decides to refuse the appeal or to terminate the appeal proceedings, the rate of remuneration shall be 50% of the rate fixed in accordance with Paragraph 10 (3), but not less than CZK 750 and not more than CZK 20,000.
(2) If the appeal is the subject of a decision refusing or terminating the action, the rate of remuneration referred to in Article 13 shall be determined.
(3) If the appeal is only the subject of a decision on the reimbursement of costs, on the time limit for performance, on the provisional enforceability, on the accessories of the claim or on the decision of a procedural nature, the rate of remuneration shall be CZK 1,000.
(4) Where paragraphs 2 and 3 are applied, Paragraph 10 (3) shall not apply.
If the court decides to refuse an appeal or to terminate an appeal, if the decision to dismiss the action or to terminate the proceedings is the subject of the appeal proceedings, or if only the decision to pay the costs, the time limit for execution, the provisional enforceability, the annexes to the claim or the decision of a procedural nature is the subject of the appeal, Paragraph 14 shall apply mutatis mutandis.
COMMON PROVISIONS
(1) In order to determine the remuneration rates, the relevant situation is at the time of the publication (issue) of the decision.
(2) The rates of remuneration fixed by a percentage of the subject matter of the proceedings shall be rounded up to the whole ten crowns.
Where more than one case has been brought together, the rate of remuneration shall be determined:
(a) determined by a percentage of the subject-matter of the proceedings, from the sum of the subject-matter of all the cases connected;
(b) fixed amount by type of case or percentage of the subject matter of the proceedings and fixed amount by type of case by sum of individual rates.
(1) If the lawyer or notary has done only one act of legal service, 2) the court will reduce the rate of remuneration by 50%, to at least CZK 400. If he has not done anything, his reward is not due.
(2) If the lawyer or notary of the participant is represented in an extremely difficult or factually complex case, the court may raise the rate of remuneration by up to 100%. This does not apply if it is at a rate fixed by a percentage of the subject matter of the proceedings.
(1) If the Court of Appeal annulled the judgment of the Court of First Instance and returned the case to the Court of First Instance, or referred the case to the competent court, or ordered another Court of First Instance, the rate of remuneration of the new proceedings before the Court of First Instance shall be determined separately; Paragraph 16 shall not affect the determination of the rate of remuneration for proceedings before the annulled decision.
(2) If the court of appeal withdraws the decision of the Court of Appeal and, where appropriate, the decision of the Court of First Instance and does not terminate the proceedings itself, paragraph 1 shall apply mutatis mutandis.
If the lawyer or notary is represented jointly by two parties in the same case, the rate of remuneration laid down under this Order shall be increased by 30%. If a lawyer or notary is represented jointly by more than 2 participants in the same case, the rate of remuneration laid down under this Order shall be increased by 50% irrespective of the number of participants represented.
Amendment of the legal tariff
Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (Law Tariff), as amended by Decree No. 235 / 1997 Coll., is hereby amended as follows:
1. In Article 1 (2), a comma shall be added after the words "non-contractual remuneration 'and the words" unless otherwise provided for in specific legislation' shall be inserted.
2. footnote 1 shall read:
"1) Decree No. 484 / 2000 Coll., setting flat rates of remuneration for the representation of a participant by a lawyer or notary when deciding on the reimbursement of costs in civil proceedings and amending Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (legal tariff), as amended."
footnote 1 shall be renumbered footnote 2, including the footnote references.
EFFECTIVE
This decree shall take effect on 1 January 2001.
Minister:
JUDr. Rychetský v. r.
1) § 3 of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended.
2) Article 11 of Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (the Law Tariff), as amended. Section 12 of Decree No. 612 / 1992 Coll., on the remuneration of notaries and heirs.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 484 / 2000 Coll., setting flat rates of remuneration for representation of a participant by a lawyer or notary when deciding on reimbursement of costs in civil proceedings and amending Decree of the Ministry of Justice No. 177 / 1996 Coll., on fees of lawyers and compensation of lawyers for the provision of legal services (legal tariff), as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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