The granting of a sum of money to compensate for irrecoverable costs is never automatic, even in the event of success in court. The judge retains complete discretion to grant or deny this reimbursement, regardless of the ruling on costs.
Some expenses, although incurred in the interest of the litigation, are systematically excluded from any coverage. An unfavorable decision on this point generally remains without recourse. These mechanisms strictly regulate the rights of the parties regarding legal fees.
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What Article 700 of the Code of Civil Procedure Changes in the Coverage of Lawyer’s Fees
The text of Article 700 of the Code of Civil Procedure disrupts the usual rules for the reimbursement of legal costs. While Articles 695 and 696 limit reimbursement to costs, mainly those of bailiffs, expert fees, or court fees, Article 700 gives the judge the ability to grant the winning party compensation that covers all or part of the irrecoverable costs: lawyer’s fees and certain expenses incurred for defense.
The magistrate freely assesses the amount to be granted based on the submitted elements, without being bound by the actual amount paid by the litigant to their lawyer. No automatic or full reimbursement: everything depends on the judge’s discretion. They take into account the financial situation of the parties and equity. For a beneficiary of legal aid, the compensation goes either to the State or to the lawyer, depending on the circumstances.
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A point of caution: not all lawyer’s fees are systematically reimbursed. If the judge believes that certain advisory or assistance costs are not directly related to the proceedings, they will be excluded. As for VAT on fees, it follows the same logic: if it cannot be recovered by the compensated person, it is added to the amount paid.
This rule specific to civil procedure does not apply before criminal or administrative courts, which are governed by other texts. Article 700 thus becomes a tool, but also an unknown for litigants, who must anticipate a portion of costs remaining at their expense, even if they can request reimbursement.
Who Can Obtain Reimbursement of Legal Fees and Under What Conditions?
The question of reimbursement of legal fees via Article 700 hinges on the balance of the civil trial. The judge has the authority: they decide based on the financial situation of the parties, the nature of the dispute, and equity. Winning the case does not automatically open the door to reimbursement; a formal request must be made, detailing the incurred costs and demonstrating their necessity.
Here are the different profiles that can request this compensation:
- Litigants represented by a lawyer
- Beneficiaries of total or partial legal aid
- Insured individuals benefiting from legal protection
For those covered by legal aid, Article 37 of the law of July 10, 1991 applies: the awarded sum may go to the lawyer or, in certain situations, to the State. Civil courts, from the judicial court to the labor court, apply this provision, provided that the decision is justified.
The losing party may be ordered to pay the claimed amount, in whole or in part, but the judge adjusts this amount based on financial resources, behavior during the trial, or equity. Sometimes, the legal protection from the insurer covers the remaining balance.
The amounts granted are often well below the actual costs incurred. The Court of Cassation regularly reminds that the magistrate remains sovereign: they are never obliged to justify a refusal of compensation. The French civil procedure, marked by this margin of maneuver, does not guarantee any coverage, only the possibility of compensation.
Requesting the Application of Article 700: Steps, Rights, and Practical Advice for Litigants
To obtain reimbursement for incurred costs under Article 700 of the Code of Civil Procedure, the request must be clear and distinct from that concerning costs. The judge never grants it spontaneously. This request must be made in the initial submissions, specifying the amount of lawyer’s fees, detailing the legal costs (expert fees, travel), and attaching the necessary supporting documents.
Among the documents to be provided are:
- invoices from lawyers, technicians, or experts
- proof of various expenses related to the proceedings
The fee agreement, often required, structures the argumentation. It specifies the portion potentially covered by the insurer or legal aid and highlights the remaining amount to be claimed from the opposing party.
The judge freely assesses the amount to be granted under Article 700. They adjust based on the costs actually incurred, the nature of the dispute, and the behavior of the parties. It is also possible to request the payment of interest at the legal rate if payment is delayed.
To maximize chances of success, one must present a well-structured file, a clear exposition, and objectively quantify expenses. The argument must convince that the claimed costs are justified by the defense of rights. Here, nothing is mechanical: compensation is earned step by step, within the demanding framework of judicial equity.
In courtrooms, Article 700 resembles a scale whose plate oscillates. Claims are made, evidence is presented, but nothing is ever guaranteed: only the judge decides, at the crossroads of justice and pragmatism.