Article 700: How to Get Your Legal Fees Paid in France

Starting a lawsuit in France can be a costly endeavour, and the prospect of paying attorney fees deters many litigants from defending their rights. However, French law provides a specific mechanism allowing the winning party of a lawsuit to recover all or part of their legal costs from the opposing party: the famous "Article 700". Whether you are an individual, an entrepreneur, or a foreign resident unfamiliar with the inner workings of the French justice system, understanding how this provision works is essential to approaching legal action with peace of mind. Here is our complete guide to mastering Article 700 and maximising your chances of having your legal fees paid by your opponent.

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What is Article 700? Definition and Legal Foundations

To understand Article 700, one must first distinguish between two types of costs in a French lawsuit: dépens (court costs) and frais irrépétibles (non-reclaimable expenses).

The Fundamental Distinction Between Dépens and Frais Irrépétibles

• *The dépens (court costs): These are the mandatory fees required to conduct the trial (such as fees for the commissaire de justice—formerly huissier de justice / bailiff—to serve a summons, judicial expert fees, and court registry fees). In principle, according to Article 696 of the Code de procédure civile (French Code of Civil Procedure), the losing party is automatically ordered to pay the dépens*.
• *The frais irrépétibles (Article 700): These are all other expenses not included in the dépens* that you had to incur to defend yourself. The main item here is your attorney's fees, but it also includes travel expenses, correspondence, or document translation costs.

Applicable Laws Depending on the Court

While the generic term "Article 700" refers to the Code de procédure civile, this mechanism exists across all French jurisdictions under different statutory references:

• Before civil and commercial courts (Tribunal judiciaire / Judicial Court, Tribunal de commerce / Commercial Court, Cour d'appel / Court of Appeal): *Article 700 of the Code de procédure civile*** applies.
• Before administrative courts (disputes with the State, a town hall, etc.): *Article L. 761-1 of the Code de la justice administrative*** (French Code of Administrative Justice) applies.
• Before criminal courts (if you are a victim of an offence): *Article 475-1 of the Code de procédure pénale** (French Code of Criminal Procedure) applies before the tribunal correctionnel (criminal court for misdemeanours) or tribunal de police (police court for minor offences), or Article 375-1 of the Code de procédure pénale** before the Cour d'assises* (assize court for felonies).

The principle of these statutes is identical: allowing the judge to order the losing party to pay the other party a sum of money intended to cover their expenses not included in the court costs.

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How Does the Judge Decide the Amount? Award Criteria

Unlike dépens, the award of an indemnity under Article 700 is never automatic. It is at the sole discretion of the judge. Even if you win your case, the judge may decide not to award you anything if they believe that equity or the economic situation of your opponent justifies it.

To determine the amount, the judge relies on several criteria:

1. Equity

The judge assesses whether, in light of the circumstances of the case, it is fair or not to leave the winning party to bear the costs they have paid. If a party's conduct has been particularly abusive or in bad faith (for example, a tenant refusing to pay rent without any explanation), the judge will be more inclined to issue a heavy order under Article 700.

2. The Economic Situation of the Ordered Party

This is a crucial element. If the losing party is in a highly precarious financial situation (for example, an over-indebted tenant facing eviction), the judge may drastically reduce the indemnity, or even refuse to award it, to avoid worsening their situation—even if the landlord is strictly within their legal rights.

3. Supporting Documents Produced

Although the judge is not bound by the actual amount of your attorney's bills, producing a signed convention d'honoraires (fee agreement) and paid invoices is essential to provide a concrete basis for your request.

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Practical Steps: How to Request Article 700 Step-by-Step

To obtain reimbursement for your legal fees, you must follow a strict procedure throughout the litigation.

Step 1: Conclude a Clear Fee Agreement with Your Lawyer

From your very first meeting, sign a written convention d'honoraires. This document proves the existence and the amount of the sums you agree to pay. Ask your lawyer for detailed interim invoices as the case progresses.

Step 2: Explicitly State the Request in the Written Pleadings

The judge cannot automatically award a sum under Article 700 if it is not requested. Your lawyer must write this request into the dispositif (the final, formal ruling request section) of their conclusions (written pleadings). The classic phrasing is: “Condamner Monsieur/Madame X à payer à [Your Name] la somme de X € au titre de l'article 700 du Code de procédure civile.” (Order Mr/Mrs X to pay [Your Name] the sum of €X under Article 700 of the Code of Civil Procedure.)

Step 3: Quantify the Request Realistically

The request should neither be undervalued nor disproportionately overvalued. Your lawyer will adjust the requested amount based on the complexity of the case, the time spent, and the rates typically applied by local courts in the region.

Step 4: Provide Supporting Documents During Oral Arguments

On the day of the hearing or when filing the case file, your lawyer will submit the paid fee invoices, travel expenses, or translation costs to the judge as numbered exhibits.

Step 5: Enforce the Court Decision

Once the judgment is rendered, if the judge has awarded you a sum under Article 700, you must collect it. If the opponent does not pay spontaneously, your lawyer will forward the judgment to a commissaire de justice (formerly huissier / bailiff) to proceed with forced enforcement (such as a bank account seizure or wage garnishment).

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Deadlines, Amounts, and Key Figures

To help you navigate, here are the essential financial and temporal benchmarks regarding Article 700:

• €0: This is the minimum amount. The judge always has the right to completely reject the request under Article 700, even if you won on the merits of the case.
• €1,500 to €3,000: This is the average range generally awarded by tribunaux judiciaires (judicial courts) in the first instance for everyday disputes (neighbourhood disputes, landlord-tenant conflicts, consumer law).
• €5,000 to €15,000 (and more): Amounts frequently awarded in complex commercial disputes or before the Cours d'appel (Courts of Appeal), where the legal research and time spent by lawyers are very significant.
• 10 years: This is the statute of limitations to enforce a judgment. You therefore have 10 years from the date the judgment becomes final to claim the Article 700 payment from your opponent through a commissaire de justice.

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Concrete Examples of Court Orders Under Article 700

To better visualise how this statute is applied, here are two typical scenarios inspired by French court practice.

Example 1: The Landlord-Tenant Dispute (Partial Reimbursement)

Marie rents an apartment in Paris for a rent of €900 per month. Upon her departure, her landlord refuses without valid reason to return her dépôt de garantie (security deposit) of €900. After several unsuccessful reminders, Marie hires a lawyer and takes the case to the Tribunal judiciaire.

• Costs incurred by Marie: €1,200 in attorney fees and €80 in court registry fees.
• The judgment: The judge orders the landlord to return the €900 security deposit, pays the dépens (the €80 registry fees), and orders the landlord to pay €1,000 under Article 700.
• Financial outcome: Marie recovers her entire deposit. Out of her €1,200 in legal fees, €1,000 is covered by the landlord. The actual cost of the lawsuit for Marie is ultimately only €200.

Example 2: The Commercial Dispute (Near-Total Reimbursement)

The company BatiTech carries out renovation work for a professional client for an amount of €15,000. The client refuses to pay the final invoice, claiming imaginary defects. BatiTech takes the case to the Tribunal de commerce.

• Costs incurred by BatiTech: €3,500 in attorney fees (drafting the summons, pleadings, oral argument) and €400 in bailiff fees.
• The judgment: The Court orders the client to pay the €15,000 invoice, the dépens (the €400 bailiff fees), and €3,000 under Article 700.
• Financial outcome: BatiTech recovers its debt and is reimbursed for 85% of its attorney fees.

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Mistakes to Avoid

Many litigants make strategic mistakes that deprive them of recovering their costs. Here are the pitfalls to avoid:

• Forgetting to request provisional execution: If the judgment is not ordered with exécution provisoire (provisional execution) by law, and your opponent appeals, you will not be able to claim the Article 700 payment immediately. You will have to wait for the ruling of the Cour d'appel.
• Failing to produce any proof of fees: Requesting a flat sum without providing the convention d'honoraires or your lawyer's invoices often prompts the judge to drastically reduce the amount awarded, or even reject it.
• Requesting an amount disconnected from the reality of the dispute: Requesting €5,000 under Article 700 for a dispute over an unpaid invoice of €800 is often perceived negatively by the judge, who may see it as a form of abuse and reduce the indemnity to a minimum.
• Confusing Article 700 with damages: Article 700 compensates for your legal costs. It does not repair your moral or financial prejudice linked to the dispute itself. These are two distinct claims that must be formulated separately in your pleadings.

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Frequently Asked Questions (FAQ)

Is legal aid compatible with Article 700?

Yes. If you benefit from aide juridictionnelle (legal aid, either total or partial), the State covers all or part of your attorney's fees. However, your lawyer can ask the judge to order the opposing party to pay them a sum under Article 37 or 75 of the Law of 10 July 1991 (the equivalent of Article 700 for legal aid). If the judge grants this, the lawyer waives the State contribution and is paid directly by your opponent.

What happens if I lose my lawsuit? Will I have to pay my opponent's Article 700?

This is the major risk of a lawsuit. If you lose, the judge can order you to pay a sum under Article 700 to the opposing party to cover their own legal fees. This is why it is essential to rigorously evaluate the chances of success of your action with your lawyer before launching a procedure.

Does my legal protection insurance cover Article 700?

If you win the lawsuit and the judge awards you a sum under Article 700, this sum goes directly to you to compensate for the costs you advanced. If your assurance protection juridique (legal protection insurance) provider paid your lawyer directly, the insurance contract generally stipulates that the sums recovered under Article 700 go back to the insurer, up to the amounts they paid out.

Can one request Article 700 before the Conseil de prud'hommes?

Yes, absolutely. Employment disputes (dismissal, back pay) are subject to the Code de procédure civile. The employee or the employer can therefore perfectly request an order under Article 700 before the Bureau de jugement (judgment board) of the Conseil de prud'hommes (French labour tribunal).

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Summary

• Article 700 allows the winner of a lawsuit to ask the judge for the reimbursement of their attorney's fees by the losing party.
• This reimbursement is never automatic: it depends on the sole discretion of the judge, who takes into account equity and the financial situation of the loser.
• The amounts awarded generally vary between €1,500 and €3,000 in the first instance for common individual disputes.
• To obtain it, your lawyer must formulate a written and quantified request in their pleadings, ideally supported by invoices.
• In the event of a loss, you risk conversely being ordered to pay your opponent's Article 700.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.