Judgment No. 15506 of 2024: Liquidation of Litigation Costs and Fee Scales

The recent judgment of the Court of Cassation No. 15506 of June 3, 2024, provides important clarifications regarding the liquidation of litigation costs in the legal field, particularly concerning disputes handled before the justice of the peace. This topic is particularly relevant for lawyers and the parties involved in legal proceedings, especially when the value of the dispute exceeds a certain threshold, in this case, 26,000 euros.

The Context of the Judgment

The Court examined a case in which, despite the total amount of administrative penalties being significantly higher than the fee limits set for cases before the justice of the peace, the legal costs were liquidated according to the maximum value scale. This led to the confirmation of the appealed decision, highlighting how the modulation of fees must take into account various factors, including the actual value of the dispute.

Generally. Regarding the liquidation of litigation costs, if the total value of a dispute handled before the justice of the peace (due to subject matter jurisdiction or subject matter with a value limit) exceeds 26,000.00 euros, the maximum value scale provided for in the legal tariff for cases before such a judge must still be applied, with appropriate modulation of fees between the minimum and maximum provided, also considering, if deemed appropriate and together with other criteria, the actual value of the dispute, while exceeding the maximum values is possible, based on general principles, only in exceptional cases and with specific, adequate, and precise justification.

Practical Implications of the Judgment

This judgment has several practical implications for lawyers and their clients:

  • It emphasizes the importance of following the fee tables even when the value of the case is high.
  • It indicates that the liquidation of costs must be carefully modulated, taking into account the complexity of the case.
  • It reminds that exceeding the maximum tariff values must be justified with adequate and precise motivations.

Conclusions

Judgment No. 15506 of 2024 represents an important confirmation of the existing principles regarding the liquidation of litigation costs. It underscores the need for a balanced and justified approach in determining fees, respecting current regulations, and ensuring that the rights of the parties are protected. For those involved in legal disputes, it is essential to be aware of these regulations and their implications for the proper management of legal costs.

Bianucci Law Firm