Following the rulings of the Federal Court of Justice of 13.01.2011, reference IX ZR 110/10 and of 08.05.2012, VI ZR 273/11, it could be assumed that the increase of a 1.3-fold business fee to a 1.5-fold business fee made by the lawyer was exempt from judicial review. It was therefore further assumed that the 1.5 business fee now represents the "new" standard fee pursuant to no. 2300 VV RVG.
Now, however, the Federal Supreme Court has dealt with the business fee pursuant to no. 2300 VV RVG for the third time in a relatively short period of time.
After the IX. and VI. civil senates of the Federal Supreme Court had ruled as described above, the VIII. Civil Senate of the Federal Court of Justice in its judgement of 11 July 2012, file number VIII ZR 323/11, stated that an increase of the business fee above the standard fee of 1.3 can only be demanded if the lawyer's work was extensive or difficult. As long as one of these conditions is not met, only a 1.3-fold business fee can be demanded from the lawyer. The IXth and VIth civil senates of the Federal Supreme Court have now "followed" this case law.
A higher business fee than 1.3 times the business fee can therefore only be demanded from the lawyer with separate justification pursuant to no. 2300 VV RVG.
The 1.3 business fee thus continues to represent the "standard fee" pursuant to no. 2300 VV RVG.
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Michael Ullrich, L.L.M. (Information Law)
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Specialist lawyer for information technology law (IT law)
