The judicial mechanics do not always provide the certainty one might believe. Many imagine that a victory in court guarantees the reimbursement of all incurred costs. However, Article 700 of the Code of Civil Procedure sometimes holds surprises: the judge has no obligation to grant this compensation, regardless of the outcome of the trial. The amounts awarded vary from one court to another, with no fixed rules or scales; it even happens that the judge refuses any reimbursement despite real and substantial expenses. In the face of this arbitrariness, it is difficult for the litigant to find their way: the final decision remains unpredictable, and the reality of the law often diverges from expectations.
What is the purpose of Article 700 of the Code of Civil Procedure in a trial?
Article 700 of the Code of Civil Procedure does not merely state a rule: it shapes the balance of power between those who confront each other in court. This text aims to compensate, beyond the traditional costs defined by Article 695 of the Code of Civil Procedure, the expenses borne by the winning party: lawyer fees, honoraria, expert fees… All these costs, without this provision, would remain entirely the responsibility of the party asserting their rights.
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The judge, the sole master on board, assesses each situation: they analyze the case file, the resources at hand, and the complexity of the matter. No fixed grid is imposed on them. The application of this article is therefore done on a case-by-case basis, according to the specific circumstances of each dispute. Caution: the request for compensation must be explicitly stated in the submissions. Forgetting this formality closes the door to any compensation. Lawyers know this: an amount deemed too low will seem trivial in light of the incurred expenses, while a high amount must be carefully justified.
Everything you need to know about Article 700 of the Code of Civil Procedure involves entering into practice: understanding its uses, its limits, grasping the evolution of case law. The difference with Articles 695 and 696 of the Code of Civil Procedure, which define costs in the strict sense, is clear: only expenses not included in the costs can be the subject of a request based on Article 700. This distinction clarifies the path for the litigant seeking to be reimbursed for part of their legal costs.
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Who can benefit from compensation under Article 700 and based on what criteria?
Article 700 of the Code of Civil Procedure applies to all parties in a civil dispute, whether they are natural or legal persons. Anyone can request compensation for expenses not included in the costs, provided they explicitly make the request in their conclusions. The goal: to prevent the party asserting their rights from bearing the financial burden of their defense alone, when equity demands it.
The judge, in complete independence, makes their decision based on several factors. They examine the financial situation of the parties, the nature of the dispute, and the complexity of the case. Winning the trial is not enough: the allocation of compensation remains at the judge’s discretion. In principle, the winning party makes the request, but the losing party can also, in certain specific cases, request an amount if their position was not devoid of seriousness or if exceptional circumstances justify it.
Having legal protection from an insurer does not deprive the party of compensation under Article 700. The judge can order the opposing party to pay an amount to the insured, even if the insurer has already covered part of the costs. Article L. 127-8 of the Insurance Code states that this amount goes to the insured, unless otherwise stipulated in the contract.
As for legal aid, it does not exclude the possibility of compensation: the court-appointed lawyer can request an additional amount under Article 700, within the limits of the costs actually incurred outside of aid. At each stage of the procedure, from the court to the Court of Cassation, the judge assesses the situation according to what equity requires, without relying on automatism.
Understanding the concrete consequences: costs, awarded amounts, and advice for defending one’s rights
Article 700 of the Code of Civil Procedure gives hope to those facing the reality of irrecoverable costs. These costs, absent from the list of traditional costs (Article 695 of the Code of Civil Procedure), mainly include lawyer fees and sometimes specific expert fees. The judge, guardian of balance, sets the amount freely: no sum is guaranteed, and each case has its own story.
In practice, the amounts awarded vary significantly. Before the labor court, compensations often range from 800 to 2,000 euros, but it is not uncommon for the judge to go beyond, especially if the procedure has proven lengthy or if one of the parties has engaged in dilatory maneuvers. The appellate courts and the Court of Cassation maintain this margin of appreciation, adapting their decision to the reality of the case.
To effectively defend their request, it is essential to proceed with method and rigor. Here are the reflexes to adopt to maximize chances:
- Clearly detail the nature of the incurred expenses and provide precise justification for the requested fees or expenses.
- Systematically attach the necessary supporting documents: invoices, attestations, correspondence exchanges, or quotes.
- Anticipate the question from the outset of the trial: a request made late may be declared inadmissible.
Case law reminds us that the judge must proportion the compensation to the reality of the expenses and the situation of the opposing party. A request that is too high, insufficiently justified, or disproportionate risks being reduced or even rejected. Vigilance and transparency are therefore essential to convince the court.
Article 700 of the Code of Civil Procedure promises nothing, but it can change everything. When the decision is made, the game of compensations sometimes leaves a bitter taste, sometimes the satisfaction of having limited the damage. Staying clear-headed about the rules of the game is already giving oneself a chance to better defend one’s interests and avoid disappointments at the end of the hearing.