Article 36

Budget of the Court

1.   The budget of the Court shall be financed by the Court's own financial revenues and, at least in the transitional period referred to in Article 83 as necessary, by contributions from the Contracting Member States. The budget shall be balanced.

2.   The Court's own financial revenues shall comprise court fees and other revenues.

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.

4.   If the Court is unable to balance its budget out of its own resources, the Contracting Member States shall remit to it special financial contributions.

UPC Court Fees & Recoverable Costs

Case Law:

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 Rule 213.2 ROP. This is explicitly stated in Rule 125 RoP (sentences 2 and 3). Defendants are reminded that the UPC is not based on the principle of free proceedings, but on the idea that the party who initiates proceedings and thus an activity of the Court by filing a statement of claim or an application must pay fees (Article 36(3) UPCA, Article 70 UPCA). 60% of the court fees (€ 151.800) will be reimbursed as action is withdrawn before closure of the written procedure (R. 370.9(b)(i) RoP) 

IPPT20250124, UPC CFI, LD Munich, NEC V TCL
The UPC is not based on the principle of free proceedings, but the parties contribute for the costs incurred by the Court (Article 36(3) and 70 UPCA) 

IPPT20240227, UPC CFI, CD Munich, Sanofi-Aventis v Amgen
Value of proceedings set at 100 million euro in accordance with agreement between the parties (article 36 UPCA). Reasonable and proportionate costs recoverable up to a ceiling of 2 million euro in accordance with table published by the Administrative Committee (article 69 UPCA). 

IPPT20240219, UPC CFI, LD Munich, Huawei v Netgear
Interim decisions following case management hearing (Rule 334(d) RoP, Rule 336 RoP, (Rule 105(5) RoP): Setting value of infringement action at € 1 million, of the three nullity counterclaims at € 1 million and of the proceedings at € 2 million.