Article 70

Court fees

1.   Parties to proceedings before the Court shall pay court fees.
 2.   Court fees shall be paid in advance, unless the Rules of Procedure provide otherwise. Any party which has not paid a prescribed court fee may be excluded from further participation in the proceedings.

Case Law:

IPPT20250716, UPC CFI, LD Munich, 10x Genomics v Bruker
Only 40% instead of 60% reimbursement of Court fees (€ 30.400 and € 8.000, respectively) due to the parties having conducted the proceedings outstanding intensively. (R. 370.9(e) RoP). 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must pay fees (Article 36(3) UPCA, Article 70 UPCA). 60% of the court fees (€ 151.800) will be reimbursed as action is withdrawn before closure of the written procedure (R. 370.9(b)(i) RoP) 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
Withdrawal of counterclaim for revocation and counterclaim for a FRAND-license offer; parties bearing their own costs, 60% of court fees reimbursed (R. 265 RoP, R. 370 RoP). Analogous application of Rule 370 RoP to a counterclaim for a FRAND-license offer. 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) 

IPPT20230613, UPC CFI, LD Milan, Oerlikon v Himson II
Ex parte order to preserve evidence at trade fair (Article 60 UPCA, Rule 192 RoP). Extreme urgency exists considering that the international trade fair where the offending conduct is taking place started on 8.6.2023 and ends, tomorrow, on 14 June 2023. The prerequisites of Articles 197(1) RoP and 60(5) UPCA for the ex parte granting of the measure are met, since (a) time constraints do not allow the parties to be convened before the end of the trade fair tomorrow; (b) there is a risk that the evidence will no longer be accessible to the claimant once the exhibition is over, since the defendant is based abroad and the documents indicated are easy to conceal and/or destroy. Payment of fees (Rule 192(5) RoP, Rule 371(1) RoP: The Tribunal notes that pursuant to Section 371(3) RoP, in cases of urgency, when advance payment is not possible, the applicant's counsel must pay the fixed contribution within the time limit set by the Tribunal: in light of this limitation, the applicant must be ordered to pay this contribution by 15 June 2023.