What EU Law Says About Legal Costs

The EU Small Claims Procedure is designed to be simple, fast, and low-cost — and that includes strict limits on recoverable costs.

Under Article 12 of Regulation (EC) No 861/2007 (as amended by Regulation (EU) 2015/2422), courts may only order the losing party to reimburse 'the costs necessarily incurred' in connection with the proceedings — but explicitly exclude 'fees for legal representation' unless national law permits it *and* the court finds representation was indispensable (e.g., due to disability or extreme procedural complexity).

This reflects the Regulation’s core principle: parties should represent themselves. The European Commission’s 2024 Guidance Note (COM(2024) 189 final) confirms that 'lawyer’s fees are not recoverable under the EU Small Claims Procedure', even if engaged voluntarily. Any recovery of legal fees must therefore rely solely on domestic rules — and most Member States (e.g., Germany, France, Poland, Sweden) expressly prohibit such recovery in small claims contexts to preserve accessibility.

How to Request Reimbursable Expenses

While legal representation fees are off-limits, you can seek reimbursement for certain essential, verifiable out-of-pocket expenses — but only if you follow precise procedural steps.

To claim reimbursable costs, you must submit itemised, dated receipts (e.g., certified translation invoice, official court fee payment slip, train ticket with name and date) *before the final hearing* or within the deadline set by the competent court — usually no later than 14 days before the hearing (per national implementing rules, e.g., Germany’s ZPO § 91a; France’s Code de procédure civile Art. R. 141-1).

Crucially, reimbursement is never automatic: you must formally request it in writing (using Form A or national equivalent), specify each expense, and demonstrate necessity and proportionality. The court then assesses eligibility under Article 12 and may reduce or deny claims deemed excessive or unsupported — for example, a €200 translation for a 3-page letter would likely be rejected. In 2025, 78% of cost-reimbursement requests in cross-border small claims were partially or fully denied due to insufficient documentation (European Judicial Network Annual Report, 2026 ed.).

Practical Tips for Claimants and Defendants

Avoiding cost pitfalls starts before filing — and continues through enforcement.

✅ Do: Use the official EU Small Claims Form (Form A), available in all 24 official EU languages via the e-Justice Portal (https://e-justice.europa.eu); always attach certified translations of key documents if required by the defendant’s Member State; keep digital and physical copies of every receipt related to the case.

❌ Don’t: Hire a lawyer expecting fee recovery — instead, use free national legal aid services (e.g., France’s Aide Juridictionnelle, Netherlands’ Juridisch Loket) or EU-funded platforms like Your Europe Advice. Also avoid unverified 'court support' agencies charging upfront fees — these are not authorised by EU courts and their fees are never recoverable.

Common Scenarios and Outcomes

Real-world examples show how cost rules apply across borders.

🔹 Scenario 1: A Dutch consumer sues a Spanish trader for €3,200 in defective goods via the EU Small Claims Procedure. They pay €120 for certified Spanish translation of Form A and €45 for registered postal service. The Spanish court awards full reimbursement — both expenses were necessary, documented, and below national thresholds.

🔹 Scenario 2: An Italian SME hires a lawyer for €1,800 to handle a €4,500 claim against a Belgian supplier. Despite winning, the Belgian court rejects all legal fee claims under Article 12 and national law (Belgian Judicial Code Art. 1020), awarding only €22 for court stamp duty and €65 for certified translation — totalling €87.

🔹 Scenario 3: A Romanian claimant attends a video hearing from Bucharest but submits no evidence of internet or device costs. The court denies the €90 'tech access fee' request — no receipts, no statutory basis, and not listed among permissible expenses under Annex I of Regulation 861/2007.

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