Valuation of attorney fees in non-appeal complaint proceedings based on scope of mandate under § 33 Abs. 1 RVG

The German Federal Court of Justice (BGH), 4th Civil Senate, issued a procedural order setting the subject matter value for attorney fees at €489,519.11, a determination favorable to the legal representation regarding fee calculation in the context of a non-leave-to-appeal complaint (Nichtzulassungsbeschwerde). The dispute centered on the proper valuation of the attorney's mandate in an insurance law case, where the mandate explicitly covered both the reclamation of paid premiums (€458,341.28) that were denied on appeal and a previously unsuccessful damages claim of €31,177.83. Relying on § 33 Abs. 1 RVG (Professional Fee Act), the court held that the subject matter value of attorney activity is determined by the scope of the client's instruction, which in this instance encompassed the sum of the two distinct claims handled by the attorney, resulting in the total valuation of €489,519.11.