UPC Court of Appeal: Fees for an appeal on costs

This decision concerns a procedural order of the Court of Appeal regarding the appeal fee for an appeal on the order to bear the costs of the proceedings. Pursuant to Rule 360 of the Rules of Procedure, the order of the Court of First Instance against which the appellants have appealed is to be regarded as a final decision within the meaning of Rule 220.1(a) of the Rules of Procedure. The Schedule of Fees does not provide for a specific fee for an appeal under Rule 220.1(a) of the Rules of Procedure against an order determining which party is to bear the costs of the proceedings in the context of the dismissal of a request for provisional measures. In the absence of a specific fee, the fee to be paid is the fee that is most comparable to the case in question according to the system of the Table of Fees. The Table of Fees determines the fee for an appeal under Rule 220.1(a) of the Rules of Procedure on the basis of the nature of the action or request decided by the Court of Appeal. Under this system, the provision providing for a fee of €11,000 for an appeal under Rule 220.1(c) Rules of Procedure in respect of a request for provisional measures under Article 62 UPCA applies mutatis mutandis to the present appeal proceedings (UPC 15. 02. 2024, CoA 2/2024).