A guide to the UPC and the UP - Flipbook - Page 403
Value-based Fee
20-12 In relation to infringement actions and those infringement-related actions listed in table I
to r.307 RoP (table 20-1), where the value of an action exceeds €500,000, in addition to the
fixed fee, a value-based fee is payable. 29 The value-based fee increases in increments as set out
in table II to r.370 RoP (reproduced at table 20-3), starting at €2,500 for an action valued up to
and including €750,000, to a fee of €325,000 for an action valued at over €50 million.
Table 20-3: R.370 RoP Table II. Value-based Fees (Court of First Instance
and Court of Appeal)
Value of action
Additional value-based fee
Up to and including €500,000
€0
Up to and including €750,000
€2,500
Up to and including €1,000,000
€4,000
Up to and including €1,500,000
€8,000
Up to and including €2,000,000
€20,000
Up to and including €3,000,000
€26,000
Up to and including €4,000,000 30
€32,000
Up to and including €5,000,000
€39,000
Up to and including €6,000,000
€46,000
Up to and including €7,000,000
€52,000
Up to and including €8,000,000
€58,000
Up to and including €9,000,000
€65,000
Up to and including €10,000,000
€75,000
Up to and including €15,000,000
€100,000
Up to and including €20,000,000
€125,000
Up to and including €30,000,000
€150,000
Up to and including €50,000,000 31
€250,000
More than €50,000,000
€325,000
29
30
31
r.370(2) RoP.
The Preparatory Committee referred to the experience in Germany and stated that using that experience as a guide, they
estimated that 90% of all actions would have a value of up to €4,000,000. See para.B.I.2 Preparatory Committee’s Explanatory
Note to the Consultation Document: Rules on Court fees and recoverable costs, May 2015.
This and the fee for actions of over €50,000,000 was added after the consultation on the level of fees. See p.20 Explanatory
Note to the Preparatory Committee’s final draft – subject to legal scrubbing – Rules on Court fees and recoverable costs,
25 February 2016.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 393
