Casalonga UPC rules of procedure
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Rule 370Court fees

1. Court fees provided for in these Rules shall be paid in accordance with the provisions contained in this Part and the table of fees adopted by the Administrative Committee pursuant to Article 36 (3) of the Agreement [1] (hereinafter: table of fees).

2. A fixed fee shall be paid in accordance with Section I (fixed fees) of the table of fees for the following actions at the Court of first Instance:

(a) Infringement action [Rule 15 [2]] ,

(b) Counterclaim for infringement [Rule 53 [3]] ,

(c) Action for declaration of non-infriguement [Rule 70 [4]] ,

(d) Action for compensation for licence of right [Rule 80.3 [5]] ,

(e) Application to determine darnages [Rule 132 [6]] .

3. In addition to the fixed fee a value-based fee shall be paid in accordance with Section II (value-based fees) of the table of fees for those actions at
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[1-
(3) Court fees shall be fixed by the Administrative Committee. They shall consist of a fixed fee, combined with a value-based fee above a pre-defined ceiling. The Court fees shall be fixed at such a level as to ensure a right balance between the principle of fair access to justice, in particular for small and medium-sized enterprises, micro-entities, natural persons, non-profit organisations, universities and public research organisations and an adequate contribution of the parties for the costs incurred by the Court, recognising the economic benefits to the parties involved, and the objective of a self-financing Court with balanced finances. The level of the Court fees shall be reviewed periodically by the Administrative Committee. Targeted support measures for small and medium-sized enterprises and micro entities may be considered.

[2-
1. The claimant shall pay the fixed fee and where applicable, the value based fee for the infringement action in accordance with Part 6.
2. The Statement of claim shall not be deemed to have been lodged until the fixed fee and, where applicable, the value based fee for the infringement action has been paid, unless otherwise provided.
Relation with Agreement: Articles 36(3), 70 and 71

[3-
The defendant shall pay the fixed fee and, where applicable, the value based fee for the Counterclaim for infringement in accordance with Part 6. Rule 15 and Rule 16.3 to 5 shall apply mutatis mutandis.

[4-
The claimant shall pay the fixed fee and, where applicable, the value based fee for the action for a declaration of non-infringement, in accordance with Part 6. Rule 15.2 and Rule 16.3 to .5 shall apply mutatis mutandis.

[5-
2. Rules 132, 133, 134, 135 and 137 to 140 apply mutatis mutandis to the procedure for appropriate compensation.

[6-
The applicant shall pay the fixed fee and, where applicable, the value based fee for the determination of damages in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.