General information on the GVKostG
The Court Costs Act (GVKostenG or GKG) is a key law governing court costs in the German judiciary. It comprehensively regulates the collection, calculation, and processing of court costs in civil, family, and voluntary jurisdiction matters. The GVKostG is a cornerstone of cost law and represents the legal basis upon which courts regulate the collection of fees and expenses for their activities.
Legal context and objectives
The Court Costs Act was created to provide a uniform and transparent legal basis for the calculation and collection of court costs. The Act is intended to ensure that court proceedings are organized and financed efficiently and that costs are allocated fairly. The regulations are addressed to the courts, parties, and third parties involved in court proceedings and lay down binding rules regarding the type and scope of costs to be borne.
The GVKostG regulates court-related costs separately and distinguishes itself from other cost laws such as the Judicial Remuneration and Compensation Act (JVEG) or the Lawyers’ Remuneration Act (RVG).
Scope of application of the GVKostG
The GVKostG primarily applies to proceedings before ordinary courts, in particular civil proceedings, family matters, and matters of voluntary jurisdiction. The Act extends to proceedings before local, regional, and higher regional courts, unless specialized laws provide otherwise.
Distinction from other cost laws
While the GVKostG governs the system of court costs for civil, family, and certain other proceedings, for example, separate cost rules apply to proceedings before labor or administrative courts. Supplementary or deviating provisions apply in criminal proceedings (Criminal Court Fees Act – GKGSt) as well as in proceedings before the Federal Court of Justice and special panels.
Structure and systematics of the Court Costs Act
The GVKostG is systematically divided into a General Part and a Special Part. The regulations include in particular:
- Fundamental provisions on fees and expenses
- Regulations on cost calculation and payment
- Provisions on liability for costs and possible exemptions
- Regulations on the cost determination procedure
Types of court fees
The law distinguishes between the following fees:
1. Procedure fee
This arises from the performance of court activities, such as the filing of a claim or an application.
2. Hearing fee
Becomes due for the specific conduct of a court hearing.
3. Settlement fee
Applicable when a settlement is reached between the parties through the involvement of the court.
Expenses
In addition to fees, expenses are considered separately under the GVKostG. These include, for example, service costs, writing expenses, as well as costs for witnesses and experts called by the court in the course of proceedings.
Determination of the amount in dispute and its significance
A central element of the GVKostG is the determination of the amount in dispute, also known as the value in dispute. This amount serves as the basis for calculating the fees incurred. It is set either by the court (e.g., by order) or based on statutory provisions, such as in family law matters. The correct determination of the amount in dispute is crucial for the calculation of fees and is subject to its own legal remedies.
Accrual and due date of court costs
Court costs arise through certain court actions, namely upon the filing of an application or the bringing of a lawsuit. The GVKostG differentiates between the times at which costs arise and when they become due. Fees are generally due upon the effective receipt of the application, expenses are due as they are actually incurred.
Liability for costs under the Court Costs Act
Obligor for costs
The Court Costs Act stipulates conclusively who must bear the costs. As a rule, the parties to the proceedings are obligors for costs. There is a possibility of joint and several liability. In the event of withdrawal of lawsuits or applications or upon conclusion of the proceedings, liability for costs may be allocated differently.
Exemptions and deferral of costs
Various statutory provisions grant total or partial exemption from court costs under certain conditions. For instance, in the case of legal aid being granted (Prozesskostenhilfe – PKH), costs may be deferred or waived.
Cost calculation and cost determination procedure
After each completed procedure, the court issues a statement of costs. In the case of disagreements about the amount or legitimacy of the costs, a cost determination procedure may be conducted. According to the GVKostG, an appeal (Erinnerung) may be lodged against fee notices.
Legal basis and references
The GVKostG is enacted as a federal law and falls under the federal legislative jurisdiction for court costs law. Further provisions can be found in particular in the Court and Notary Costs Act (GNotKG), in the JVEG, as well as in regulations and implementing laws of the states.
Significance and practical relevance
The GVKostG ensures the financing of the judiciary and serves as a significant incentive for proper legal prosecution as well as for dispute avoidance or out-of-court settlement. Its clear and case-appropriate cost structure contributes to making proceedings predictable and reliable.
Further information
- The law is constantly adjusted to the evolving case law and legislation.
- For current amounts and fees, it is advisable always to consult the applicable fee tables of the GVKostG.
- The statutory texts and official commentaries provide in-depth explanations of individual provisions.
Note: This entry presents a legally comprehensive and neutrally formulated description of the GVKostG, providing a complete overview of its systematics, scope, and practical application within the German judiciary.
Frequently asked questions
Which court proceedings fall within the scope of the GVKostG?
The Court Costs Act (GVKostG) applies in particular to proceedings of ordinary jurisdiction, i.e., to civil court proceedings, as well as to matters of voluntary jurisdiction. This particularly includes civil litigation before local and regional courts, family court matters, inheritance matters, custodianship, land registry and registry matters. The GVKostG does not regulate the costs of criminal proceedings, administrative fine matters, or proceedings before labor, social, tax, or administrative courts. For these, separate cost regulations and laws apply, for example the Court Costs Act for labor courts (ArbGG) or the cost law for administrative proceedings (VwKostG, GKG-Alt). The substantive scope of the GVKostG is defined in particular by § 1 (1) GVKostG, under which the individual chargeable items and tariff items for each type of proceeding are set out in the schedules attached to the Act. It is essential to note that the GVKostG only governs court fees and expenses, not the extrajudicial costs of the parties involved (e.g., legal fees).
How are court costs determined and when do they fall due under the GVKostG?
The assessment of court costs is based on the fees and expenses set out in the GVKostG. The applicable cost liability and the relevant stage of the proceedings, which is usually determined by the commencement, submission, or termination of a court procedure, are decisive. Court costs are assessed by the competent court, usually by means of a cost determination order in accordance with § 19 GVKostG. Court costs generally become due with the filing of the application or statement of claim (§ 9 GVKostG). In certain cases, such as successful legal aid or remission of costs, the due date is postponed accordingly. Unpaid court costs generally prevent further court processing – for example, an action is not effectively commenced unless the cost advance is paid. Even upon withdrawal of an application, cost obligations may arise if costs have already accrued.
What rules apply to expenses under the GVKostG?
The GVKostG distinguishes between fees and expenses. Expenses are costs incurred in the course of judicial proceedings for certain activities or services to be charged separately, in particular expenses for witnesses, experts, interpreters, translators, travel costs, or the dispatch of files and service of documents. The details and calculation principles for expenses are governed by the fee schedule of the GVKostG (§§ 1, 7 GVKostG in connection with the cost schedules). Expenses are collected separately in addition to court costs and paid to the respective recipients. There may be a reimbursement obligation for expenses regardless of any decision on court costs; for instance, the costs for experts generally remain apportionable to the parties.
Who is liable for costs under the provisions of the GVKostG?
The obligor for costs incurred under the GVKostG is generally the person who initiates the proceedings or makes an application (§ 2 GVKostG). In contested proceedings, this is regularly the plaintiff or applicant; in the case of multi-party proceedings, however, several participants may be jointly and severally liable unless otherwise stipulated by law. In the event of a court decision on costs (e.g., basic ruling on costs under § 91 ZPO), the legal costs – at least in the relationship between the parties – are usually borne by the unsuccessful party, regardless of cost liability towards the court. The internal relationship between the parties and the external relationship with the State must therefore be distinguished. In certain cases, special provisions apply, e.g., in inheritance or registry matters.
To what extent is legal aid relevant in the context of the GVKostG?
The GVKostG contains special provisions for the granting of legal aid (Prozesskostenhilfe – PKH). Where PKH is granted, court costs can be wholly or partially remitted or deferred under certain conditions (§ 18 GVKostG, §§ 114 ff. ZPO). The Act also provides that, in the case of retrospective granting or denial of PKH, costs are to be recalculated or reimbursed. This remission covers court costs as well as necessary associated expenses to the extent specified by law. Reimbursement may still be possible if the party’s personal or financial circumstances improve within a certain period. The effects of PKH on the collection of costs and the progress of the proceedings are precisely regulated, meaning that an exemption from certain parts of the proceedings may also be possible.
How are costs reimbursed between the parties according to the GVKostG?
The GVKostG itself primarily regulates the collection of costs from the parties by the court, but it also establishes, in § 29 GVKostG, principles for cost reimbursement. The allocation of costs between the participants is based on a court decision, such as under §§ 91 et seq. ZPO, which, in the event of losing, typically establishes the successful party’s entitlement to reimbursement from the unsuccessful party. The court determines in its judgment or order who has to bear the costs. The costs actually determined by the court can then be enforced by means of a cost determination application. The procedure for cost determination, regulated in § 104 ZPO, ensures that the successful party receives reimbursement of those court costs from the opposing party which are not to be borne by them.
What remedies are available against cost decisions under the GVKostG?
Various legal remedies are available to the parties against cost determinations and cost decisions under the GVKostG. In particular, an objection (“Erinnerung”) can be lodged against the court’s cost determination – for example under § 19 GVKostG – pursuant to § 11(2) RPflG. The time limits and admissibility requirements for legal remedies are generally governed by the general provisions of the Code of Civil Procedure and the Courts Constitution Act (GVG). In certain cases, an immediate complaint under § 567 ZPO is also permitted. Legal remedies serve in particular to review the amount of costs, the proper application of cost law, and to clarify whether and to what extent a party can be required to bear costs. Lodging legal remedies generally suspends enforcement of the contested cost decision until it is finally resolved.
