FAQ

What is the value in dispute? How is it calculated and what is its significance in the proceedings?

The amount in dispute is the value of the matter in dispute, which must be stated for each claim asserted. The amount in dispute is of great importance with regard to the proceedings. It has an influence on the jurisdiction of the court and its composition, the calculation of the costs of the proceedings, the duty to be represented by an attorney and the admissibility of appeals and the order for payment procedure.

 

The amount in dispute is of particular importance with regard to the subject-matter jurisdiction, which determines whether the proceedings are to be conducted before the regional court or the district court. The decisive factor here is first of all inherent jurisdiction—i.e. those matters which the law automatically assigns to the district court or the regional court without regard to the subject matter of the dispute. Secondarily, the subject-matter jurisdiction is determined by the value of the claim—the amount in dispute.

 

The value in dispute is calculated based on the date on which the claim is filed. If only a one-off sum of money is claimed, this also represents the amount in dispute, whereby several claims asserted in the action are added together if they have a factual or legal connection. If a recurring monetary benefit is claimed (e.g. for life, five years, etc.), the annual benefit is multiplied by a certain value determined by law—this may be 20 times or 10 times the annual value (cf. Sec. 58 Juridikationsnorm, JN). If the action is not for a monetary sum, the calculation is made either by statutory regulation or by the plaintiff making a (generally binding) valuation.

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