In Spain, when a case is resolved, the court may order the losing party to pay what are called “costas judiciales” (court costs). These are not the same as the court’s filing fees — they are a separate category that includes various professional and procedural expenses generated during the case.
Each party normally pays their own lawyer and procurador during the case. Only after the judgment — and if the court orders costs against one party — does the losing side become liable to reimburse the winning side for their legal expenses. The exact amount is not decided automatically. The winning party must submit a “tasación de costas” (a detailed cost assessment) to the court. The court then reviews and approves or adjusts the amounts according to the official fee scales and reasonable limits.
Once approved, the losing party must pay those costs (voluntarily or through enforcement proceedings).
Spanish courts decide after the case who must pay costs.
The total amount cannot be known in advance because it depends on the complexity, duration, and professional fees approved by the court.
We can usually give an approximate estimate, but we work on the basis we aim to win, not to lose.