As of 1 January 2026, the UPC has amended its fee structure, representing a significant increase.
The background to the change is that the UPC has not changed its fees since the Court opened for business in June 2023. In addition, those initial fees were set back in 2016 during the early negotiations on setting up the Court. Now the Court has decided to increase its fees, arguing that it needs to take into account the impact of inflation.
The new fees amount generally to a 33% increase, plus an additional 10% increase in fees for the Court of Appeal.
Main points to note:
- Flat-rate fees increased by 33%. For example, the fee for a revocation action has increased from €20,000 to €26,500. The flat-rate fee portion for an infringement action has increased from €11,000 to €14,600.
- Value-based fees also increased by 33%. The range of the value-based fee now extends from zero (for actions having a value below €500,000) up to €430,300 (for actions having a value above €50 million).
- Value-based fees for Court of Appeal increased by an additional 10%. The range of the value-based fee now extends up to €473,300 on appeal.
- Other fees also go up. The fees for applications to preserve evidence and ordering of inspections have all increased from €350 to €5,000.
Implications for litigants:
The large increase in the cost of actions before the UPC has been argued by the Court to be proportional to general inflation and in line with its operational needs. However, in the short term the increase represents a sizeable change that users of the Court will need to be aware of.
As a centralised, pan-European court, the UPC still provides significant benefits to claimants. However, the fee increase is a reminder that litigants need to consider their budgeting ahead of undertaking action before the UPC.
Read more from our expert UPC team here.