Collo vs McDo

Legal concepts

Article 700 and costs

Two cost items that are often confused: costs (dépens) are the regulated fees of the proceedings; article 700 covers the rest — above all lawyers' fees.

In brief

  • Article 695 of the Code of Civil Procedure: what court costs (dépens) are (scale-based fees, expert's remuneration, court registry fees…).
  • Article 696: who pays them — “the losing party is ordered to pay the costs”, unless a reasoned decision provides otherwise.
  • Article 700: non-recoverable costs, not included in the court costs — essentially lawyers' fees.
  • The judge sets the article 700 amount on an equitable basis, taking into account the economic situation of the party ordered to pay, and may refuse to make any award.

The cost of a lawsuit falls into two categories. Court costs (dépens) are the scale-based part: court registry fees, service costs, witness allowances, and — often the decisive item — the remuneration of the court-appointed expert. They are listed in article 695 and, in principle, borne by the losing party (article 696).

Lawyers' fees, by contrast, are freely set: they are not included in court costs. This is the purpose of article 700, which allows the judge to award a party a sum, determined on an equitable basis, in respect of “costs incurred and not included in the court costs”. The judge may also award nothing at all.

In the judgment of 8 March 2000, the Paris Court of Appeal ordered McDonald's to bear three quarters of the court costs and Bernard Collorafi one quarter, and dismissed both parties' claims under article 700 — each bearing its own lawyers' fees.

Sources

External sources.

  1. Code of Civil Procedure, article 700 — Légifrance
  2. Code of Civil Procedure, article 695 (court costs) — Légifrance
  3. Code of Civil Procedure, article 696 — Légifrance

Where this comes up in the case file

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