LJUBLJANA LOCAL DIVISION Law and Practice Contributed by: Aleksandra Jemc Merc, Eva Gostiša and Eva Milošič, Jadek & Pensa Law Firm
5. Economic Issues and Remedies 5.1 Case Value and Court Fees Given that the Ljubljana Local Division has not yet handled any substantive cases (see 2.2 Substantive Hearings ), there is no empirical data on litigants’ approaches to case valuation or the corresponding court fees. Once the divi - sion begins adjudicating cases, it is anticipated that practices regarding case valuation and fee assessments will align with the established UPC framework. 5.2 UPC Court Fees Compared to National Courts While both the Slovenian national system and the UPC system of court fees is generally based on the value of the dispute before the court, there are some key differences, as follows. • Scale of fees ‒ UPC court fees are significant - ly higher than those in Slovenia, especially for larger disputes. • Fee structure ‒ Slovenian court fees tend to be either fixed (for specific procedures) or based on the lower value of the claim, whereas UPC fees are progressive, increasing as the value of the dispute rises (with no fixed fees). • Exemptions and reductions ‒ both systems offer fee reductions or exemptions for cer - tain categories of litigants, such as SMEs, non-profit organisations, and public entities. However, the UPC system is more struc - tured, with set reductions for these parties. In contrast, Slovenian courts offer discretionary fee reductions based on financial hardship, without specific percentages for particular categories. Generally, UPC court fees are higher compared to national courts in Slovenia. Both systems base
their fees on the value of the dispute, but the UPC’s higher fees reflect the international nature of the court. In contrast, Slovenian court fees are generally lower and more predictable, mak - ing them a potentially more accessible option, depending on circumstances. The UPC’s sliding scale ensures that parties involved in high-value cases contribute more to the costs of the court system. Slovenian fees, in contrast, remain more predictable and are typically lower. The court fees at the UPC are structured differ - ently from those in Slovenia, primarily owing to the international scope of the UPC and its aim to ensure that parties contribute proportionally to the costs of the court system. The UPC uses a sliding scale for its fees, which are calculated based on the value of the dispute (the amount in controversy). The UPC system also incorporates provisions for reduced fees for SMEs, non-profit organisations, universities, and public research organisations. These reductions are intended to make the UPC more accessible and to incentiv - ise participation from entities that may otherwise find the court fees prohibitive. On the other hand, in Slovenia, court fees for patent-related matters are also linked to the val - ue of the claim – although the structure is quite different. The fees for litigation are governed by the Court Fees Act, which provides a more pre - dictable and straightforward approach. The key features of the Slovenian court fee system are as follows. • Variable fees ‒ in civil cases, including IP disputes, the court fees are typically calcu - lated based on the monetary value of the claim. However, these fees are generally much lower compared to the UPC system. By way of example, Slovenian court fees in civil cases can range from EUR100 to EUR2,000,
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