The Federal Court of Justice confirmed that the value of the matter in dispute can be amended on appeal, including retroactively for the first instance, if new facts are divulged that command such an amendment. The determination of the value of the matter in dispute is important for a German court case, since it directly determines the court fees and the reimbursable attorney fees that the losing party must pay to the winning party.
Case date: 21 March 2017
Case number: X ZR 48/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.