The High Court of Justice and Cassation stated that the success fee must not be paid by the the losing party, because such a expense, outstanding until trial is not responsible for the losing party, forming a further reward for work performed by a lawyer, with a clearly voluntary character. This solution stated constantly by the jurisprudence is in accordance with the ECHR jurisprudence which outlines that the party who won the trial could not obtain reimbursement of expenses only to the extent that there is reality, their necessity and reasonableness. ( Decision no. 1440 from 14th of March 2012 pronounced in appeal by the Civil Department II of the High Court of Justice and Cassation having as object damages )
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