Regulations on Court Fees (Gerichtsgebührenreglement, GGR) - Subject Matter (GGR)

1. This Regulation governs the fees

a) in conciliation proceedings (§ 3),

b) of the courts in civil matters (§§ 4 to 18),

c) of the courts in criminal matters (§§ 19 to 22),

d) of the administrative and constitutional courts (§§ 23 to 25),

e) of the social insurance court (§ 26),

f) of the court for involuntary commitments (§ 27),

g) of the supervisory commission over attorneys (§ 28),

h) of the inheritance office and the supervisory authority over the inheritance office (§§ 29, 30).

1. Basis for the Assessment of the Fee Within the Framework Provided by These Regulations

a) the significance of the case,

b) the time expenditure of the court,

c) the factual and legal complexity of the case, and

d) in civil and administrative court cases primarily of a pecuniary nature: the value in dispute or the actual interest in dispute.

1. To the extent that the conciliation procedure is not conducted free of charge by virtue of federal law, the following conciliation fees apply.

2. Before the conciliation authority of the civil court, the fee is CHF 100 to 30% of the fee according to § 5 of these regulations, but at most CHF 10,000.

3. Before the conciliation authority of the appellate court in cases according to Art. 8 of the Swiss Code of Civil Procedure (Code of Civil Procedure, CPC) of December 19, 2008, the fee is CHF 100 to 30% of the fee according to § 11 of these regulations, but at most CHF 10,000.

1. The fees pursuant to §§ 5 to 18 cover all official acts of the court and the registry. Reserved are the costs according to Art. 95 para. 2 lit. c to e of the Code of Civil Procedure, which are charged in addition to the fee.

2. The decision fee consists of a basic fee pursuant to §§ 5 to 14, which can be increased or reduced according to the provisions of §§ 15 to 17.

3. Reserved are procedures whose fees are determined according to the Ordinance on Fees relating to the Federal Act on Debt Enforcement and Bankruptcy (GebV SchKG) of 23 September 1996.

4. The fees for civil proceedings also apply to proceedings under the Liability Act.

1. The Basic Fee for Property-Related Disputes is Assessed as Follows. It is determined within the specified range, taking into account the actual and legal complexity.

Dispute Value (Fr.) | Basic Fee (Fr.)

--- | ---

up to 10,000 | 200 to 1,000

over 10,000 to 30,000 | 1,000 to 3,000

over 30,000 to 100,000 | 3,000 to 6,000

over 100,000 to 500,000 | 6,000 to 20,000

over 500,000 to 1,000,000 | 20,000 to 30,000

over 1,000,000 to 5,000,000 | 30,000 to 60,000

over 5,000,000 | 0.5% to 1.5%, at least 60,000

2. In the case of partial claims in simplified proceedings, if the total claim exceeds Fr. 30,000, the basic fee can amount to up to Fr. 6,000.

3. For Non-Property-Related Disputes, the basic fee amounts to Fr. 200 to Fr. 250,000.

1. In matters of tenancy law disputes, § 2a of the Law on Court Fees is decisive for determining the court fee.

a) * ...

b) * ...

2. If § 2a of the Law on Court Fees is not applicable, the following basic fee applies to tenancy termination or extension procedures as well as to disputes over the abusiveness of rent

a) For residential premises CHF 750 up to a maximum of 30% of the basic fee according to § 5,

b) for commercial premises CHF 1,500 up to a maximum of 30% of the basic fee according to § 5.

3. In all other cases, the basic fee is determined according to § 5 of this regulation.

1. In divorce proceedings and in proceedings for the dissolution of a registered partnership, the base fee is generally two-fifths of the monthly net income (including annual allowances converted to a monthly amount) of the sole-earning spouse or registered partner, or one-third of the monthly net incomes of both parties if this amount is higher than two-fifths of the monthly income of the higher-earning party. For assets over CHF 120,000, a surcharge of 2.5 to 5‰ of the net assets is calculated. The minimum fee is CHF 500.

2. In divorces according to Art. 285 of the Code of Civil Procedure, the base fee amounts to two-fifths of the fee calculated according to the aforementioned principles, excluding further reductions under § 16, but at least CHF 500 and at most CHF 5,000.

1. The basic fee in proceedings for the establishment, modification, or annulment of maintenance obligations is generally calculated based on the value in dispute (§ 5 para. 1). However, the upper limit is constituted by the fee calculated according to the principles of § 7 para. 1 for a comparable contentious divorce process.

2. The same applies to the settlement of property rights, which is conducted in a separate procedure (Art. 283 para. 2 Code of Civil Procedure), as well as to the modification or supplementation of divorce judgments.

1. In cases of paternity suits, contestation of the presumption of paternity, contestation of acknowledgment, or contestation of adoption, the basic fee ranges from CHF 500 to CHF 5,000.

2. If a maintenance suit is combined with the status suit, the basic fee for the maintenance suit is CHF 500, up to a maximum of one-third of the monthly income of the child's father.

1. In summary proceedings, the basic fee ranges from CHF 200 to CHF 20,000, unless specifically regulated by federal law or subsequently provided otherwise.

2. The basic fee is

1. In marital protection proceedings: CHF 300 to CHF 2,000

1.1. In complex cases: up to CHF 10,000

2. Third-party debtor instructions: CHF 200 to CHF 1,000

3. Restraining and contact prohibitions: CHF 200 to CHF 1,000

4. Correction of civil status register entries: CHF 500 to CHF 2,000

5. Presumption of death cases: CHF 500 to CHF 2,000

6. Declarations of nullity: CHF 500 to CHF 2,000

7. Provisional registration of a construction lien or a lien for condominium owner contributions

7.1 Up to CHF 2,000: CHF 600

7.2 Up to CHF 10,000: CHF 800

7.3 Up to CHF 50,000: CHF 1,100

7.4 Up to CHF 200,000: CHF 1,900

7.5 Up to CHF 300,000: CHF 2,400

7.6 Up to CHF 400,000: CHF 2,800

7.7 Up to CHF 500,000: CHF 3,200

7.8 Above: up to CHF 5,000

8. Judicial prohibitions: CHF 1,000

9. Declaration of enforceability of foreign decisions: CHF 400 to CHF 1,000

10. Proceedings for legal protection in clear cases: CHF 200 to CHF 5,000

11. Deportation procedures (legal protection in clear cases): CHF 600

1. The basic fee of the Court of Appeal as the sole cantonal instance in civil matters pursuant to Articles 5 and 8 of the Code of Civil Procedure shall be between one and one and a half times the rates according to Sections 5 to 10.

1. In appellate proceedings in civil cases, the basic fee is calculated according to the rates specified in §§ 5 to 10.

2. If the amount in dispute decreases before the second instance, the basic fee shall be determined based on the remaining disputed amount.

1. In appellate procedures in civil matters pursuant to Art. 319 lit. a of the Swiss Code of Civil Procedure (ZPO), the basic fee amounts to one to one and a half times the rates according to §§ 5 to 10.

2. In other cases, it amounts to CHF 200 to CHF 10,000. In exceptional cases, it can be increased to CHF 30,000.

1. The basic fee for the decision on grounds for revision in civil matters (decision on the application for revision) amounts to CHF 200 to CHF 10,000.

2. If the application for revision is granted, in addition to the court costs of the annulled decision, a fee for the new decision is stipulated. The fee is determined according to §§ 5 to 13 and §§ 15 to 16.

1. The basic fee pursuant to §§ 5 to 14 may be increased in the following cases as follows

a) for preliminary hearings, interlocutory decisions, on-site inspections, orders for expert opinions, provisional measures in ongoing proceedings, orders pursuant to Article 276 of the Civil Procedure Code in ongoing proceedings: by up to 30% each,

b) for official inquiries, requests for legal assistance from foreign authorities, interviews of witnesses outside the courthouse: by up to 10% each,

c) in proceedings where the factual or legal circumstances are particularly complex or otherwise extensive: up to double the maximum basic fee,

d) when the court's jurisdiction is based solely on agreement and neither party has their residence or registered office in the Canton of Basel-Stadt: up to double the maximum basic fee.

1. The basic fee pursuant to §§ 5 to 14 may be reduced by up to half

a) if the factual or legal circumstances in a case are particularly simple,

b) in case of decisions not to proceed due to the absence of procedural requirements,

c) when the proceedings are limited to individual points of dispute,

d) when a judgment is rendered on a claim that has not been answered by the defendant party.

2. If the utilization of the court is particularly low, the basic fee may be reduced to one-tenth.

1. In cases where a legal action is fully resolved without a decision (per Art. 241 et seq. of the Code of Civil Procedure), the basic fee may be reduced by up to one-quarter. If the demand on the court is particularly minimal, the basic fee may be reduced by up to one-tenth.

2. In cases of only partial resolution without a decision, the unresolved disputed amount is considered as the value in dispute for the calculation of the fee, and the fee is levied on this amount. For the other amount (where, for example, there is a withdrawal, acknowledgment, or settlement), the fee is calculated according to the preceding paragraph.

1. For further actions, dispositions, and decisions, the following fees shall be levied.

1. Receipt and safekeeping of protective letters: CHF 500

2. Custodies of money, securities, and items for each commenced year up to CHF 10,000: 1%, but at least CHF 50

2.1. on the excess amount up to CHF 150,000: ½%

2.2. on the excess amount over CHF 150,000: ¼%

2.3. if special safekeeping or administrative measures are required, the fee may be doubled.

2.4. The deposit is liable for the fee and expenses.

2.5. Deposited sums of money from CHF 10,000 are to bear interest from the third month at the current account interest rate applicable at the Basler Kantonalbank.

3. Dispositions and decisions in proceedings concerning arbitration: CHF 200 to CHF 2,000

3.1. in exceptional cases: up to CHF 12,000

2. ...

1. The criminal court levies the following fees. No fees are charged to the state.

1. Withdrawal fee upon the retraction of a criminal complaint or an objection to a penal order: CHF 100 to CHF 2,000

1.1. in exceptional cases: up to CHF 5,000

2. Termination of criminal proceedings, if the costs are imposed on a private individual: CHF 100 to CHF 2,000

2.1. in exceptional cases: up to CHF 5,000

3.1 Decision/Order fee for each individual adjudicated in proceedings before

a) the single judge: CHF 100 to CHF 2,500

b) the trio court: CHF 150 to CHF 5,000

c) the chamber: CHF 200 to CHF 10,000

3.2. In exceptional cases of section 3.1 letters a-c, in bifurcation of the main hearing and in multi-day hearings: up to CHF 100,000

3.3. The same rates may apply

a) in the acquittal of the accused, if costs are imposed on a private individual;

b) in the rejection of a civil claim in criminal proceedings or referral to civil court;

c) in the rejection of a compensation claim for unjustified criminal prosecution;

d) in decisions on the execution of deferred sentences;

e) in decisions on the conversion of fines and penalties according to Art. 36 paragraph 2 of the Swiss Criminal Code of December 21, 1937 (SCC);

f) in independent subsequent decisions according to Art. 363 of the Swiss Code of Criminal Procedure (Criminal Procedure Code, CPC) of October 5, 2007.

1. The Juvenile Court imposes the following fees. No fees are charged to the State.

1. Withdrawal fee upon retraction of a criminal complaint or an objection to a criminal order: CHF 50 to CHF 1,000

2. Termination of criminal proceedings if costs are imposed on a private individual: CHF 50 to CHF 1,000

3.1. Decision / resolution fee for each individual judged in the proceedings before

a) the single judge: CHF 50 to CHF 1,000

b) the panel of three judges: CHF 50 to CHF 5,000

c) circulation decisions: CHF 50 to CHF 1,000

d) presidential decisions: CHF 50 to CHF 1,000

3.2. Decision/resolution fee in enforcement proceedings and in proceedings pursuant to § 20 of the Law on the Enforcement of Juvenile Penal Sanctions (Juvenile Penal Enforcement Law, JPEA) of October 13, 2010 by

a) the single judge: CHF 50 to CHF 1,000

b) the panel of three judges: CHF 50 to CHF 5,000

c) circulation decisions: CHF 50 to CHF 1,000

d) presidential decisions: CHF 50 to CHF 1,000

3.3. The same scales may apply

a) in the case of acquittal of the accused, if costs are imposed on a private individual;

b) in the case of dismissal of a civil action in criminal proceedings or referral to the civil process;

c) in the case of dismissal of a compensation claim due to unjustified criminal prosecution;

d) in decisions regarding the execution of suspended sentences;

e) in decisions regarding the conversion of fines and penalties pursuant to Art. 36 para. 2 of the Swiss Penal Code;

f) in independent subsequent decisions pursuant to Art. 363 of the Swiss Code of Criminal Procedure.

1. The decision or ruling fee in criminal cases amounts to CHF 200 to CHF 20,000 before the appellate court for each accused or private claimant. In exceptional cases within the scope of the Code of Criminal Procedure, the fee may amount to up to CHF 80,000.

2. In appeal proceedings in criminal cases, the decision fee ranges from CHF 200 to CHF 10,000. In exceptional cases, it can be increased to CHF 30,000.

3. In the case of a complete resolution of the process without a decision (by withdrawal of the appeal, settlement, acknowledgment, and other reasons), the fee may be reduced to as low as CHF 200.

1. The fee for decisions on requests for revision ranges from CHF 200 to CHF 10,000 under the Swiss Code of Criminal Procedure (StPO) and from CHF 200 to CHF 5,000 under the Swiss Juvenile Criminal Procedure Code (Juvenile Criminal Procedure Code, JStPO) of March 20, 2009.

2. If the request for revision is granted, the fee for the new decision is determined in accordance with §§ 19 to 21.

1. The fee for decisions pursuant to the Law on Constitutional and Administrative Law (VRPG) of June 14, 1928, amounts to CHF 200 to CHF 3,000 in proceedings concerning alien law, social assistance and victim assistance, enforcement of sentences and measures, child and adult protection, school and educational law as well as administrative measures pursuant to the Road Traffic Act (SVG) of December 19, 1958.

2. In other proceedings, the fee amounts to CHF 200 to CHF 20,000.

3. In proceedings with extensive documentation, with complex legal or factual circumstances, as well as in cases with particularly high contested amounts or interests, the fee amounts to up to CHF 80,000.

4. In proceedings concerning public-law employment relationships, no decision fees are levied up to a contested amount of CHF 30,000 by analogous application of Art. 114 lit. c of the Code of Civil Procedure (ZPO), provided that the procedure is not already free of charge according to § 40 para. 4 of the Personnel Law of November 17, 1999.

1. The fee amounts to CHF 200 to CHF 20,000.

1. The fee for decisions on requests for revision ranges from CHF 200 to CHF 10,000.

2. If the request for revision is granted, the fee for the new decision is assessed in accordance with §§ 23 and 24.

1. The fees of the Social Insurance Court are determined by federal law or by § 16 of the Act on the Social Insurance Court of the Canton of Basel-Stadt and on the Arbitration Court in Social Insurance Matters (Social Insurance Court Act, SVGG) of May 9, 2001.

2. In the case of reckless or frivolous litigation as defined in § 16 SVGG, a fee of CHF 200 to CHF 3,000 may be imposed.

3. For the fees in proceedings before the Arbitration Court in Social Insurance Matters, reference is made to the regulations of the Social Insurance Court and the Arbitration Court in Social Insurance Matters of July 31, 2016/May 18, 2017.

1. In the event of an evidently frivolous litigation as per Section 19, Paragraph 2 of the Child and Adult Protection Act (KESG) dated September 12, 2012, the fee ranges from CHF 200 to CHF 3,000.

1. The fee for decisions of the Supervisory Commission is CHF 200 to CHF 3,000.

1. The following fees are levied for the services of the inheritance office.

1. Public announcements (call for claims and similar): Fr. 25

2. Registration of a creditor in the public inventory and official liquidation: Fr. 6

3. Summonses and notifications: Fr. 6

4.a) Information and inquiry letters, correspondence, statements, reports and assessments, online inquiries *: Fr. 20 to Fr. 600 *

b) Simple inheritance and division certifications as well as certificates: Fr. 50 to Fr. 300

c) Complicated inheritance and division certifications as well as certificates, particularly involving real estate and declarations of presumed death: Fr. 100 to Fr. 1,000

d) Tracing of heirs, per half hour: Fr. 15 to Fr. 50

5. Record of renunciation declarations, bankruptcy records *: Fr. 20 to Fr. 120

6. Publications for tracing heirs (call for heirs): Fr. 30 to Fr. 350

7. Registration and certification of the deposit of a last will or a marriage and/or inheritance agreement or asset contract: Fr. 40 to Fr. 100

8. Substitution of a will or annexes and deposit of additional wills or annexes: Fr. 20 to Fr. 100

9. Acceptance of an oral will written by witnesses and their respective declaration; recording of such a will and the declarations of the witnesses: Fr. 50 to Fr. 350

10. Opening of a will (including opening certificate): Fr. 50 to Fr. 350

11. Public announcement of the opening of a will: Fr. 20 to Fr. 60

12. Opening and forwarding of wills of foreign decedents: Fr. 20 to Fr. 350

13. Entry of a will in the will protocol: Fr. 8

14. Copies and extracts from inventories, wills, divisions, and accounts, per started page: Fr. 3

15. Requisitions: issuing orders to or executing for foreign authorities: Fr. 50 to Fr. 350

16. Setting and extending deadlines. No fee is charged for setting a deadline if it is part of a measure for which a special fee applies: Fr. 20 to Fr. 60

17. Sealing of an estate, ordering other security measures, decision on the continuation of a business: Fr. 50 to Fr. 1,200

18. Inventory and valuation in matters of inheritance and marital property law

a) for real estate as well as gifts and advances to the same recipient: Fr. 50 to Fr. 1,200

b) for individual inventory of movable property, where a special rate is justified due to the extent of efforts: 1 to 2 ‰

c) for other inventoried assets

ca) up to Fr. 100,000: 3 ‰

cb) from Fr. 100,001 to Fr. 5,000,000: 2 ‰

cc) from Fr. 5,000,001 to Fr. 10,000,000: 1 ‰

cd) over Fr. 10,000,000: ½ ‰, maximum Fr. 30,000

Fees for inventoried assets exceeding Fr. 5,000,000 are understood for an average effort in inventory taking.

If the authorities' efforts are minor, the fee should be reduced by up to one-third; for significant efforts, it may be increased by up to one-third, but not exceeding Fr. 30,000.

d) Marital property inventories

da) from the value of inventoried movable property and credits up to Fr. 50,000: 3 ‰

db) for excess amounts: 2 ‰

dc) per inventoried real estate: Fr. 20 to Fr. 600

19. Estate administration and official administration of the share of a missing person

a) from the value of the assets for half a year. A commenced half-year is calculated as full: 3 ‰, but at least Fr. 30

b) If property management is associated with estate administration, the office additionally collects a special fee from gross income for property management amounting to: 5 %

20. Official and voluntarily transferred liquidations from the value of liquidated assets: ½ to 3 %

a) Official and voluntarily transferred divisions and asset disputes handled by the civil court registry from the value of assets to be divided: ½ to 3 %

b) If the office is entrusted with a specific task by participants without a liquidation or division order, a fee based on the value of these assets from ½ to 3 % may be charged, depending on the extent of efforts by the office.

In case of withdrawal of the order, a fee of up to three-quarters of the aforementioned rates may be charged for work already performed.

21. If a notary is tasked by the inheritance office or civil court registry with any form of inventory taking, estate administration, or official liquidation, they are entitled to the fees mentioned in Nos. 19-21.

For control, the fees are: Fr. 50 to Fr. 1,200

In extraordinary cases, the fee for control activities in estate administrations or official liquidations can be increased up to Fr. 2,000.

22. Legally required participation in a division: from the value of the inheritance share: ½ to 3 %

23. Processing of an application for the appointment of a representative of the community of heirs: Fr. 100 to Fr. 1,200

24. Where no inventory fee is charged and none of the preceding fees apply, the following hourly effort fees apply

a) Head or Supervisor: Fr. 150

b) Inventory Officer: Fr. 120

c) Employee: Fr. 100

2. In factually or legally complex and otherwise unusually time-consuming cases, the fees of the inheritance office can be increased to double the maximum rates. Where their collection, taking into account the value of an estate or an inheritance share or the financial situation of the obligated party, would lead to undue hardship, the fees may be reduced or waived by the head of the inheritance office.

3. Minor rounding up and down is permissible.

4. The heirs are jointly liable for the fees and expenses of the inheritance office.

1. The Fee for Decisions by the Supervisory Authority on the Inheritance Office in Case of Rejection of the Appeal is CHF 200 to CHF 5,000.

1. When a decision is issued without a written explanation, the fee shall be reduced by at least one-quarter and at most one-half, provided that no written explanation is requested. In addition to the reduced fee, the decision must specify the higher fee that is payable in place of the reduced fee if a written explanation is requested subsequently.

2. Reserved are procedures for which the fees are determined according to the Ordinance on Fees related to the Federal Act on Debt Collection and Bankruptcy.

1. The fee for a decision regarding a request for clarification or correction amounts to CHF 200 to CHF 3,000. It is only imposed if the request is rejected or not admitted for consideration.

1. The fee for the decision on a motion for disqualification ranges from CHF 200 to CHF 3,000. It is only imposed if the motion for disqualification is dismissed or not admitted.

1. The fee for the decision on a request for reinstatement shall be CHF 200 to CHF 3,000.

1. The fee for decisions on objections to the protocol ranges from CHF 100 to CHF 500. It is only imposed if the correction is rejected.

1. For the certification of the legal force and enforceability of a decision, judgment, or order, a fee of up to CHF 100 may be charged.

1. The fee for processing requests for international legal assistance ranges from CHF 100 to CHF 500.

2. In exceptionally extensive cases, the fee may be increased up to CHF 12,000 and, if the request is not submitted in German, it may be increased by up to half. This is subject to any applicable treaties.

3. In cases of legal assistance in favor of Swiss courts, only the expenses are charged.

1. For decisions regarding requests for file inspection or access to information, provided they are not requested by parties to an ongoing proceeding, a fee of CHF 50 to CHF 1,000 can be charged, subject to § 36 para. 1 of the Act on Information and Data Protection (Information and Data Protection Act, IDG) of June 9, 2010.

2. A fee of CHF 20 to CHF 100 shall be charged for certificates and notarizations.

3. If the fee assessment for a task, a decision, or an order is not specifically regulated in this regulation, a fee of CHF 50 to CHF 5,000 may be charged, in compliance with the principles of § 2 para. 1.

1. Insofar as access to files is not requested by parties to an ongoing proceeding, the following fees are charged for the reproduction of files

a) * For the production of photocopies per page CHF 1, from the 40th page per page CHF 0.50,

b) * For electronic copies on machine-readable data carriers CHF 20,

c) * For the production of audio recordings of the hearings' audio protocols CHF 20.

2. The same fees may be charged if copies are requested by parties or third parties in an ongoing proceeding, when the corresponding service does not correspond to the regular course of the proceeding.

a) * ...

b) * ...

3. ...

1. If the fee is not paid within the payment period, a payment reminder (first reminder) will be sent after the payment period has expired. This first reminder is free of charge.

2. If the payment reminder is ineffective or an extended deadline expires unused, a reminder will be sent to the liable person. A reminder fee of CHF 40 is charged for each reminder.

3. If the reminders have no effect and debt enforcement proceedings need to be initiated against the liable person, an administrative fee of CHF 50 will be charged for this.

4. From the delivery of the payment reminder, a default interest of 5% will be charged.

1. In justified cases, the collection of fees under these regulations can be waived.

1. For proceedings that are pending at the time this regulation comes into force, the previously applicable Ordinance on Court Fees dated March 4, 1975, shall apply until the conclusion before the involved instance.

2. For appellate proceedings, the law in force at the time the decision is rendered shall apply.

3. For the revision of decisions that were issued under the previously applicable Ordinance on Court Fees, the new Regulation on Court Fees shall apply.