Court of Appeal, 15 July 2026, Order, UPC_CoA_68/2026 – UPC_CoA_72/2026

As a general principle, fees shall be paid in accordance with the value of the action as determined by the Court of First Instance. The parties are not entitled to unilaterally determine or amend the value of the action for the purpose of calculating the applicable court fees. Should a party consider that the value of the action determined by the Court of First Instance is incorrect, objections concerning the determination of the value of the action may be raised as part of the grounds of appeal.

Appellants should therefore ensure that court fees are paid in accordance with the value of the action as determined by the CFI, in order to ensure a valid appeal.

If the value of the action determined by the CFI is not disputed as such, but there is reason, which is apparent on face value, to determine the court fees based on a lower value of the action on appeal than that set by the CFI for the first instance proceedings, this may be requested and the Court of Appeal may provisionally agree therewith. However, the Court of Appeal can and shall only finally decide on the value of the action on appeal after having heard the respondent, who may comment on that in the Statement
of response.

This opens up a preliminary possibility to reduce the court fees during appeal proceedings, however, the respondent needs to be heard before. Therefore, the CFI’s value of the action remains binding for the time of raising the appeal.

Regarding the payment of court fees under R. 220.1(a) RoP for a counterclaim for revocation, following the adoption of the amended Table of court fees, the current wording is to be understood as referring to the fee to be paid for filing a counterclaim for revocation in the first instance at the time of filing the appeal raised by 10%.