{"title":"Costs","authors":"Eu Law","doi":"10.1093/oso/9780198866589.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198866589.003.0013","url":null,"abstract":"This chapter addresses the subject of litigation costs, looking at Part XII of the European Rules of Civil Procedure. The seven rules under Part XII are set at general level, due to the impact of national law and the structure of the legal profession in European jurisdictions upon this area of civil procedure in a technical sense. While some jurisdictions have created a system where the court fees almost fully cover the state's expenses for the civil court system, other jurisdictions have opted for a system that is basically free of charge for the parties. A further important difference across European jurisdictions that has a significant impact on litigation costs is the different approaches to fees payable in respect of legal representation in proceedings. Finally, the rules on court organisation are also relevant to litigation costs.","PeriodicalId":263063,"journal":{"name":"ELI – Unidroit Model European Rules of Civil Procedure","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130571794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judgment, Res Judicata and Lis Pendens","authors":"Eu Law","doi":"10.1093/oso/9780198866589.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198866589.003.0009","url":null,"abstract":"This chapter discusses judgments and judicial settlements. For the purpose of the European Rules of Civil Procedure, a judgment is a decision, which finally resolves the matter by deciding the claim on either the merits, dismisses the proceedings on procedural grounds, or which decides a preliminary procedural issue or a specific legal issue on the merits. A decision finally resolves the matter if proceedings in which the decision was rendered cannot continue before the court where they have been instituted. This includes judgments that finally resolve the matter with respect to a part of the claim for relief or one or more of several, but not all claims for relief brought in one and the same proceeding. It does not encompass case management orders or orders that regulate evidence-taking. It is, however, a matter of the court's discretion whether to render a judgment on specific procedural issues or on specific legal issues on the merits that finally determine particularly important incidental issues, which may then be subject to the appellate process. The chapter also considers the goals of the Rules relating to lispendens and to res judicata.","PeriodicalId":263063,"journal":{"name":"ELI – Unidroit Model European Rules of Civil Procedure","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123175177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Means of Review","authors":"Eu Law","doi":"10.1093/oso/9780198866589.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198866589.003.0010","url":null,"abstract":"This chapter examines appeals and other types of recourse, including extraordinary motion for review. The ability to appeal from or otherwise challenge judgments is a well-established feature amongst procedural systems, albeit it is, in principle, not recognised by the European Court of Human Rights as falling within the ambit of the right to fair trial under Article 6 of the European Convention on Human Rights. The present European Rules of Civil Procedure adopt the approach that there is a right to appeal, albeit one that may only be exercised with the permission of the appellate court according to special provisions with respect to access and scope. In this way the appellate process, and the right to appeal, provides an effective balance between the principles of finality in litigation, accuracy in decision-making, expedition, and proportionality. Principle 27 of the ALI/UNIDROIT Principles addresses the necessity of keeping the right balance between diverging aspects of the rule of law as follows: ‘(2) The scope of appellate review should ordinarily be limited to claims and defenses addressed in first-instance proceeding. (3) The appellate court may in the interest of justice consider new facts and evidence’.","PeriodicalId":263063,"journal":{"name":"ELI – Unidroit Model European Rules of Civil Procedure","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125385641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}