Legal aid in proceedings in an EU State

If you have low incomes, legal aid allows you to benefit from coverage of the costs related to a procedure in which you are involved.

Legal aid covers all costs incurred by a cross-border litigation, in particular:

• Fees of the lawyer and remuneration of other legal assistants (example: notary) intervening in the case

• Costs of interpreting and translating the request and the supporting documents you have provided
• Travel expenses of persons whose attendance at the hearing is mandatory
• Postage charges in case of exchanges by post
• Allowances paid to witnesses.

5 conditions must be present in order to obtain legal aid:

• You're a natural person

• Your case concerns a cross-border dispute and the proceedings take place in a country of the European Union (for example, you usually reside in France and the procedure takes place in Spain)

• Your request concerns a civil litigation or commercial
• Your financial resources are insufficient to cover the legal costs associated with your case
• Court costs are not covered by insurance or by your employer.

Your economic situation is assessed by the competent authority of the country in which the procedure takes place.

This examination is done on the basis of criteria related to your income, financial savings and your family situation.

If the competent authority considers that your resources exceed the legal aid admission ceilings, you must demonstrate that your financial situation does not allow you to meet the costs of your case.

For example, you can prove that there is a difference in the cost of living between France and the country in which the procedure will take place.

You can apply online or by post:

Your application for legal aid is processed according to the rules set by the competent authority to examine your case.

This authority may:

• Grant you full legal aid
• Providing you with partial legal aid
• Deny your request for legal aid.

You are informed of the reasons for the total or partial rejection of legal aid.

If you benefit from total legal aid, these costs are fully covered. If you have partial legal aid, certain costs remain at your expense.

The expenses you are exempted from as a result of legal aid depend on the country in which the proceedings are taking place, your income, your financial savings and the composition of your tax home.

Even if you have legal aid, you can choose your lawyer.

Regardless of where you are an expatriate, the Consulate of France must send you a list of competent French-speaking lawyers in the State in which the proceedings are taking place.

You can appeal against the decision to refuse legal aid.

The appeal procedure varies depending on the country that took the decision.

The notification of the refusal decision must mention how you can exercise the remedy.