Dépens

Dépens is a French legal term referring to the costs incurred by parties during a civil lawsuit. These costs typically include court fees, expenses for serving documents, and other administrative charges associated with bringing a case before the court. In French legal proceedings, the principle is that the losing party is generally ordered to reimburse the winning party for these dépense. This is known as the principle of "restitution des dépens."

The specific items that constitute dépense can vary, but they are usually limited to necessary and reasonable expenses. They do not typically include the parties' own legal fees (avocat's fees), which are considered separately and may be subject to different rules or agreements. The court has discretion in determining the amount of dépense to be awarded, and it will review the claimed expenses to ensure they are legitimate and proportionate to the litigation.

The concept of dépense serves to discourage frivolous litigation and to ensure that the prevailing party is not unduly burdened by the costs of seeking justice. While the losing party is primarily responsible, there are circumstances where the court may deviate from this rule, such as in cases involving specific equitable considerations or where the litigation was particularly complex or lengthy. The aim is to balance the need for access to justice with the principle of compensation for incurred costs.