A guide to the UPC and the UP - Flipbook - Page 400
Introduction
20-01 Art.36 UPCA (Budget of the Court) sets out the ambitious objective that the Court should be
self-financing and balance its budget. Where necessary, and certainly during the first seven
years of the Court’s existence i.e., during the transitional period, Contracting Member States
will make contributions to the Court’s budget. However, the ultimate aim is that those parties
who solicit a decision from the Court should pay appropriate Court fees so that the Court can
function properly and independently. 1 For the Court user, this means that the fees are likely
to be regularly reviewed.
20-02 The UPCA states that Court fees should consist of a fixed fee, combined with a value-based
fee above a pre-defined ceiling and suggests that targeted support for SMEs could be
considered in the RoP. 2 This has resulted in specific provisions setting out a reduction
of fees for those who meet the criteria. 3
20-03 In relation to a party’s legal costs, the UPCA provides that reasonable and proportionate legal
costs and other expenses incurred by the successful party shall, as a general rule, be borne by
the unsuccessful party up to a ceiling contained in the RoP. 4
20-04 An important new concept, introduced by art.36(3) UPCA is the reference to a “value-based fee”.
It bears many similarities to the German “Streitwert”. The value of the action is relevant to cases
both at first instance and on appeal for the purpose of:
–
Calculating value-based Court fees; and
–
Calculating the ceiling to be applied to the costs that can be recovered from the losing party.
20-05 The Administrative Committee issued the Guidelines for the determination of the [value-based]
Court fees and the ceiling of recoverable costs [of the successful party] (the “Guidelines”)
on 24 April 2023.
Court Fees
20-06 When lodging an action or when filing a request or claim in a pending action, parties must pay
certain fees to the Court. SoCs and applications are not deemed to have been lodged until the
fixed fee and, where applicable, the value-based fee has been paid, unless otherwise provided. 5
The exceptions mentioned by the RoP include urgent applications, 6 and cases where an order
for legal aid has been made. 7 The fees must be paid to a bank account indicated by the Court
specifying the paying party or its representative, the patent and the case number. 8
1
2
3
4
5
6
7
8
Based on estimates of expected volumes of activity, staff and operating costs, the Court’s costs
in year eight have been estimated at around €37 million.
art.36(3) UPCA.
r.370(8) RoP.
art.69(1) UPCA.
r.15(2) RoP. This is consistent with art.70 UPCA which provides that Court fees shall be paid
in advance unless the RoP provide otherwise.
r.371(3) RoP. See paragraph 20-28.
r.371(5) RoP. See paragraphs 20-111 to 20-132.
r.371(1) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 390
