Fees Ordinance of the High Court (GebV OG) (GEBVOG)

This Ordinance governs the following costs of a civil or criminal proceeding

a. Fees for the conciliation procedure (Art. 95 para. 2 lit. a CPC),

b. Decision fees of the civil courts (Art. 95 para. 2 lit. b CPC),

c. Decision fees of the criminal courts (Art. 422 para. 1 CPC).

1 Basis for the determination of fees are

a. in civil proceedings: amount in dispute or actual subject matter in dispute,

b. in criminal proceedings: significance of the case,

c. time spent by the court,

d. difficulty of the case.

2 The costs for summonses, telecommunication as well as the

issuance and service of decisions are included in the fees.

General Basis

for Assessment

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Fees Ordinance of the High Court (GebV OG)

B. Conciliation Proceedings

1 In property disputes, the fee

for the conciliation proceedings is

Disputed Amount

Fee

(in Swiss francs)

(in Swiss francs)

up to

1 000

65-250

over

1 000

up to

10 000

250-420

over

10 000

up to

100 000

420-615

over

100 000

615-1240

2 In non-property disputes, the fee is

CHF 100 to CHF 850.

3 If the conciliation authority decides the dispute or submits

a proposed judgment to the parties, it may increase the fee by up to

half.

C. Civil Procedure

Ordinary

1 The fees are

Fee

Amount in Dispute

Basic Fee

a. Pecuniary

(in Swiss Francs)

(in Swiss Francs)

Disputes

up to

1 000

25% of the amount in dispute, min. Fr. 150

over

1 000 up to

5 000

250 plus 20% of the amount in dispute exceeding Fr. 1 000

over

5 000 up to

20 000

1 050 plus 14% of the amount in dispute exceeding Fr. 5 000

over

20 000 up to

80 000

3 150 plus 8% of the amount in dispute exceeding Fr. 20 000

over

80 000 up to

300 000

7 950 plus 4% of the amount in dispute exceeding Fr. 80 000

over

300 000 up to

1 Mio.

16 750 plus 2% of the amount in dispute exceeding Fr. 300 000

over

1 Mio. up to

10 Mio.

30 750 plus 1% of the amount in dispute exceeding Fr. 1 Mio.

over

10 Mio.

120 750 plus 0.5% of the amount in dispute exceeding Fr. 10 Mio.

b. Non-pecuniary

Disputes

2 The basic fee may be reduced, or increased by up to one-third, or in exceptional cases up to double, taking into account the court's time expenditure and the complexity of the case.

3 In disputes concerning recurring uses or benefits pursuant to Art. 92 CPC, the basic fee shall generally be reduced.

1 In non-pecuniary disputes, the fee is assessed based on the actual interest in the dispute, the time spent by the court, and the complexity of the case. It typically ranges from CHF 300 to CHF 13,000.

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2 If, within the scope of non-pecuniary disputes, pecuniary legal claims that make the proceedings extensive also need to be decided upon, the fee may be increased up to the amount that would be charged solely for the decision on the pecuniary legal claims.

1 In divorce proceedings under Articles 274–294 ZPO, the special fee is set in accordance with § 5.

2 The fee can be reduced by up to half of the ordinary fee

a. in a divorce or separation upon joint request, if the parties have reached a comprehensive agreement,

b. in matrimonial protection cases.

3 Paragraphs 1 and 2 apply mutatis mutandis to proceedings concerning registered partnerships.

Proceedings

a. Marriage and

registered

partnership

The fee can be reduced by up to two-thirds of the ordinary fee in rental and lease disputes

a. in proceedings concerning the contesting of notice of termination and the extension of rental and lease agreements for residential and commercial premises,

b. in disputes arising from agricultural lease.

1 In summary proceedings, the fee is half to three-quarters of the ordinary fee.

2 For the acceptance of a protective brief, the fee is CHF 500 to CHF 2000.

3 In uncontested inheritance matters, the fee is determined by the value of the interest and the time spent by the court. It generally ranges from CHF 100 to CHF 7000.

4 In other matters of voluntary jurisdiction, the fee is CHF 100 to CHF 7000.

1 For decisions on recusal requests according to Art. 50 CPC Special

and for procedural orders with cost imposition, the fee is decisions in

CHF 100 to CHF 7000.

2 For interim decisions according to Art. 237 CPC, the fee is

half to three quarters of the ordinary fee.

ongoing

proceedings

1. If the proceedings are concluded without a claim examination or due to specific

defaults, the fee determined according to §§ 4–8 can be reduced by up to half

at the conclusion of the proceedings.

2. If the parties waive the statement of grounds for the decision, the fee is reduced

to two-thirds.

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Fees Ordinance of the High Court (GebV OG)

Proceedings without

Domestic Connection

Appellate Proceedings

Arbitration

The fee may be increased up to double

if neither party has its seat or domicile in Switzerland and the

subject matter of the dispute is not a property located in Switzerland.

1 In appeal and complaint proceedings, the fee is generally assessed according to the provisions applicable to the lower court.

2 The fee is determined based on what is still in dispute before the appellate body.

3 If the revision instance makes a new decision on the merits, the rates of the original proceedings apply.

4 If a revision request is rejected, the fee may be reduced to up to one-third.

1 For preliminary measures and decisions by state courts

in the field of arbitration, the fees generally range from

CHF 1,000 to CHF 20,000.

2 § 8 para. 1 applies analogously

a. to provisional and protective measures according to Art. 374 CPC

and Art. 183 para. 2 of the Federal Act of 17 September 1987

on Private International Law,

b. for recognition and enforcement proceedings under the Convention

of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral

Awards (New York Convention)8.

3 In appeal proceedings against arbitral awards before state

courts, the fee is determined according to § 12.

D. Criminal Procedure

First Instance

Proceedings

a. In General

1 If the court decides substantively on the indictment, the fee is

a. before the single-judge courts: CHF 150 to CHF 12,000,

b. before the district courts: CHF 750 to CHF 45,000.

2 In exceptional cases, the fee can be increased or decreased by up to one third.

3 If the proceedings are concluded without a substantive review of the indictment, the fee can be reduced to up to two thirds of the rates according to para. 1. The minimum fee according to para. 1 must be observed.

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4 If a civil claim is decided only subsequent to the assessment of guilt and penalty (Art. 126 para. 4 StPO7), the fee is determined according to paras. 1 and 2.

5 If a decision does not require written grounds, the fee is reduced to two thirds of the rates according to para. 1. The minimum fee according to para. 1 must be observed.

b. Special

The fee is CHF 150 to CHF 4500

a. for independent subsequent decisions according to Art. 363-365 StPO7 (Criminal Procedure Code); Recusal

b. for the ordering of a peace bond in independent proceedings according to Art. 372 and 373 StPO7,

c. in independent forfeiture proceedings according to Art. 376–378 StPO7,

d. in recusal proceedings (Art. 56–59 StPO7).

recusal proceedings

1 In appeal proceedings, the fee is generally assessed according to the rules applicable to the lower court for the legal remedy. It is also taken into account whether the judgment has been challenged in full or only partially.

2 If only the aggrieved person files an appeal and this is limited to the civil claims, the fee is determined by § 12 para. 1 and 2.

a. Appeal

1. In appeal proceedings, the fee is CHF 300 to a maximum of CHF 12,000. In exceptional cases, it can be increased by up to one third.

2. If the subject of the appeal is the imposition of costs, claims for compensation, or the collection of exploitable tangible or monetary assets, the fee shall be determined according to § 8.

c. Revision

1 If a request for revision is dismissed, the fee is CHF 300 to CHF 3000.

2 If the revision authority re-decides the matter, the fee shall be determined according to the provisions applicable in the proceedings of the revised decision.

For chargeable decisions outside of the appeal – Further

procedure, the appellate body levies a fee of CHF 150 to proceedings before

CHF 4500.

Appellate

Body

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Fee Ordinance of the High Court (GebV OG)

E. Administrative Activities; Further Costs

Administrative

Activities

Creation of

Copies,

Presentation and

Delivery of

Files

Repeal of

Previous

Law

Transitional

Provision

The fees for further official acts of the courts, in particular

those in the area of judicial administration, amount to between

Fr. 500 and Fr. 12,000. In exceptional cases, the fee may be increased

by up to one-third.

1 The tariffs according to § 35 of the Ordinance on Information

and Data Protection of 28 May 20083 apply mutatis mutandis to the

creation of copies or the delivery of files to parties to proceedings.

Notwithstanding para. 3 sentence 2 of this provision, costs under

CHF 50 will also be charged.

2 The creation of copies, presentation or delivery of files to official

bodies is free of charge.

F. Final Provisions

The decision of April 4, 2007, is revoked subject to the provisions of § 23.

application of cantonal procedural law, the previous fee ordinance applies.

6

1 OS 65, 891; for reasoning, see ABI 2010, 1994.

2 Entry into force: January 1, 2011.

3 LS 170.41.

4 LS 211.1.

5 SR 272.

6 SR 291.

7 SR 312.0.

8 SR 0.277.12.

of the Swiss Code of Civil Procedure (CPC) of December 19, 20085 and Art. 424 of the Swiss Code of Criminal Procedure (CrimPC) of October 5, 20077,

decides

A. General