How much does it cost to lodge an appeal?

Question

José Manuel Alburquerque · Accepted Answer

In fees and deposits, not much. A deposit of 50 euros must be paid into the court's account and it is refunded if the appeal succeeds, even if only in part. No court fee is payable, not even by companies. The real cost lies in the fees of the lawyer and of the court agent (“procurador”). If the provincial appeal court (“Audiencia Provincial”) dismisses the appeal entirely, you will normally also have to pay the other side's costs of the appeal. What you pay when appealing Appealing against a judgment involves these expenses: The deposit for appealing, of 50 euros, required by the “Ley Orgánica del Poder Judicial”, Spain's Judiciary Act. It is paid into the court's deposits and consignments account before the appeal is filed and the proof of payment is submitted with the appeal. If it is missing or contains an error, two days are allowed to put it right. The lawyer's fees, which are freely agreed. You are entitled to have the engagement set out in writing, with an advance quote. The fees of the court agent, who represents you before the court and charges according to an official scale of fees. The court fee, on the other hand, is not currently payable for appealing in civil proceedings. Individuals are exempt from all court fees and the fee that companies used to be charged for appealing was struck down by the “Tribunal Constitucional”, Spain's Constitutional Court, in 2016. What you get back and what you risk The deposit is refunded in full if the provincial appeal court allows the appeal, wholly or in part. It is lost if the court does not admit the appeal or upholds the judgment. In that case, the money goes to fund legal aid (“justicia gratuita”) and the modernisation of the justice system. Those who have been granted legal aid do not have to pay it, nor do the Public Prosecutor's Office (“Ministerio Fiscal”) or the public authorities. The biggest risk is costs, which are the lawyer's and court agent's expenses that the judgment can order one party to pay to the other. On appeal, the same rules apply as at first instance. If the provincial appeal court dismisses the whole appeal, the appellant will normally pay the other side's costs of the appeal, unless the case raised serious doubts of fact or law. If the court finds in the appellant's favour, even if only in part, the appellant will not have to pay them. What is paid for the other side's lawyer is capped at one third of the value of the case, a limit that does not apply if the court finds recklessness (“temeridad”), that is, that the appellant appealed knowing they were in the wrong. When you have to pay before appealing In some cases the law also requires what is owed to be paid, or paid into court, before an appeal can be brought: A tenant ordered to be evicted must prove that they have paid, or paid into court, the rent that has fallen due and the rent payable in advance. If they stop paying it while the appeal is pending, the appeal is treated as abandoned. Anyone ordered to pay compensation for the damage caused in a road traffic accident must deposit the amount awarded, plus interest and surcharges. An owner ordered to pay their debts to the owners' association (“comunidad de propietarios”) must prove that they have paid, or paid into court, that amount. That money is not a cost of the appeal, but it has to be available. What is deposited or paid into court can be replaced by a bank guarantee payable on first demand.