Definition and legal basis of the fee dispute value
Der Fee dispute value is a central term in German procedural law and designates the value according to which the amount of court and lawyer fees is determined in civil proceedings. The fee dispute value, often simply referred to as the “dispute value,” differs in some types of proceedings from the so-called “object value” and plays a decisive role in the economic impact of legal disputes.
Statutory foundations
The relevant provisions on the fee dispute value are found in particular in the Court Costs Act (GKG), in the Lawyers’ Remuneration Act (RVG) as well as in procedural-specific regulations such as the Cost law in family matters (FamGKG) or the Court Costs Act for the Labor Court (ArbGG, GKG). The general determination of the dispute value is governed by § 3 of the Code of Civil Procedure (ZPO), which grants courts wide discretion when setting the value.
Functions and significance of the fee dispute value
Basis for fee calculation
The fee dispute value is the starting point for calculating the following cost items:
- Court costs
- Lawyer’s fees
- Advance payments
- Cost reimbursement obligations
Based on nationwide fee tables, such as those in the Court Costs Act (Appendix 2 to § 34 GKG), the fees increase degressively with the fee dispute value. The correct determination of the dispute value is therefore of existential importance for the cost consequences of the proceedings.
Management of litigation risks
For the parties, the fee dispute value determines the cost risk of litigation. When engaging a lawyer, proper information about the expected fee obligations, which are based on the fee dispute value, is required.
Determining and setting the fee dispute value
General value determination
According to § 3 ZPO, the fee dispute value is “determined at the court’s discretion according to the importance of the matter for the parties” unless the law provides a specific regulation. As a rule, the dispute value corresponds to the quantified claim (for example, the amount of a lawsuit).
Non-monetary claims
For claims for injunctions, declaratory actions, interim legal protection, or claims without a quantifiable monetary value, the dispute value is determined at the court’s discretion, taking into account factors such as significance, scope, and economic impact.
Multiple subject matters and parties
If several subject matters are pending in the proceedings, the dispute values are generally added together according to § 39 GKG, unless it concerns the same underlying circumstances (“dispute value aggregation”).
Special regulations
Family law matters
In family law, regulations including §§ 41 et seq. FamGKG apply. For matrimonial matters, the dispute value is usually set at three times the monthly net income of both spouses.
Labor court proceedings
In labor law, the dispute value is based on three times the gross remuneration, provided there is an action for protection against dismissal (§ 42 para. 3 GKG, § 61 ArbGG).
Administrative and social court jurisdiction
In administrative jurisdiction and social court jurisdiction, differing provisions apply, some of which contain their own value rules or value setting authorities (see § 52 GKG, § 202 SGG).
Dispute value, object value, and grievance
Under German costs law, a distinction must be made between dispute value, object value und grievance as follows:
- Der dispute value is decisive for the levying of court fees.
- Der object value primarily affects the amount of lawyer’s remuneration, but can also be identical to the dispute value (§ 23 RVG).
- Die grievance concerns the admissibility of legal remedies and is to be regarded as an independent value concept.
Proceedings for setting the dispute value
Initial determination
The determination of a fee dispute value is generally made upon application of a party or ex officio by the competent court (§ 63 GKG).
Modification and appeal
An appeal against the determination of the dispute value is generally permissible by way of the dispute value appeal pursuant to § 68 GKG. The appeal is directed at the proceedings before the completion of the main action and must be filed within a specified period.
Legal consequences and practical significance
The determination of the fee dispute value can have decisive economic consequences for the parties to a legal dispute. Incorrectly determined values influence the calculation of both reimbursable and own costs. In complex proceedings, the dispute value can lead to strategic considerations when drafting claims or in settlements.
References and web links
- Legal texts: Court Costs Act (GKG)
- Lawyers’ Remuneration Act (RVG)
- Code of Civil Procedure (ZPO)
- Specialist publications and commentaries:
- Musielak/Voit, ZPO, latest edition
- Hartmann, Kostengesetze, latest edition
- Schneider/Herget, Streitwert Commentary, latest edition
Note: The information presented in this article does not replace individual legal advice. For details and special constellations, the relevant laws and, if necessary, court decisions must be considered.
Frequently Asked Questions
How is the fee dispute value determined in civil proceedings?
The fee dispute value in civil proceedings is determined by the economic interest that the parties pursue with their lawsuit or application. In most cases, the dispute value corresponds to the value of the claimed item, such as a monetary claim. For non-quantifiable claims – for example, in injunction actions or declaratory actions – the court decides at its discretion (§ 3 ZPO), taking into account the claimant’s interest. Further bases for determining the dispute value are found in special laws, such as the FamFG or GKG. The court may request that the parties state the value of their interest, but is not bound by this and will make an independent decision taking all circumstances into account.
What is the effect of the fee dispute value on court costs?
The amount of court costs is determined primarily by the set fee dispute value. The costs are calculated according to the Court Costs Act (GKG) or other relevant cost laws in a fee scale, whereby costs increase exponentially with a higher dispute value. This concerns both the procedural fee and other applicable court fees. The correct determination of the dispute value is thus central not only for the advance on costs (§ 67 GKG) but also for the final cost assessment and possible reimbursement claims.
Is the fee dispute value binding with regard to lawyer’s fees?
Yes, the fee dispute value is also decisive for the remuneration of lawyers, as many fees under the Lawyers’ Remuneration Act (RVG) are based on the dispute value. This applies especially to the types of fees for out-of-court and court activities (in particular VV RVG No. 3100 ff., 1000 ff.). If the dispute value is later changed, for example by an interim or final court decision, the lawyer’s fees are also adjusted. It is therefore of significant importance for lawyers to influence the determination of the dispute value and, if necessary, to challenge it.
Can the fee dispute value be changed subsequently?
The fee dispute value is not always definitively established with the initial determination. Special importance attaches to the rule in § 63 GKG, according to which the court can adjust the dispute value at any time ex officio or upon application, if the economic interest changes in the course of proceedings (for example due to partial withdrawal of claims, amendment of the complaint, or expansion of the subject matter). Even after completion of the proceedings, a change may be requested within six months. This subsequent adjustment affects the cost obligation – for example, regarding legal fees or court costs.
How can the determination of the fee dispute value be challenged?
The parties can appeal against the determination of the dispute value pursuant to § 68 GKG by filing a legal remedy known as ‘reminder’ (Erinnerung) if they consider the value to be set too high or too low. The reminder is to be filed with the court handling the main case and does not require a specific form but must be substantiated. In the further process, the higher court usually decides (in district courts the next instance, in regional courts the regional court itself through a single judge). The reminder is particularly important to avoid an undue burden with excessive court costs or unwarranted lawyers’ fees.
Are there special features regarding the fee dispute value in particular types of proceedings?
Yes, in family law, labor law, and administrative law there are partly differing rules for the calculation of the dispute value. For instance, in the FamFG, for certain proceedings (e.g. divorce, child matters), the dispute values are set by statute or regulation as a lump sum or by specified calculation requirements (§ 43 FamFG, dispute value catalog). In labor law, simplified rules for determination of the dispute value apply according to the labor jurisdiction, as well as special features for status proceedings. Own provisions also exist in administrative procedure law (VwGO) that affect the value assessment and deviate from the ZPO.
How is the fee dispute value calculated in cases with multiple claims?
If a party brings multiple claims in one lawsuit (so-called objective accumulation of actions), the values of the individual claims are generally added together (§ 5 ZPO). However, exceptions exist, for example, if one claim economically excludes or overlaps another. In such cases, only the highest or a correspondingly reduced value is used in order to ensure a realistic assessment of interest and costs. For joined actions or subject matters that only partly concern the same matter, the court will conduct an individual review to avoid double counting.
