Rule 132 – Fee for the Application for the determination of damages

Print this page

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.

 

Case law

 

IPPT20251001, UPC CoA, Bruker v 10x Genomics
A party submitting a request to lay open books for the purpose of determining the amount of compensation pursuant to R. 213.2 RoP is liable for both the fixed fee and the value-based fee for the determination of damages (R. 132 RoP). Fees for compensation are not included in fees for provisional measures; they are separate proceedings. Combining claims does not reduce fees, including liability and quantum requests in one application does not remove or reduce the fee obligation

 

IPPT20250716, UPC CFI, LD Munich, 10x Genomics v Bruker
Application for compensation for injury caused by provisional measures requires payment of court fees (R. 213.2 RoP). The legal basis for this fees are Rules 370.2(e), 132 RoP ("Fee for the Application for the determination of damages") RoP. The expression "damages" used in Rule 132 RoP (Chapter 4: Procedure for the determination of damages and compensation) shall be deemed to include compensation according to R. 213.2 RoP. This is explicitly stated in Rule 125 RoP (sentences 2 and 3).