Pursuant to Section 19 (5) of the Insolvency Remuneration Ordinance (InsVV), the InsVV applicable from January 1, 2021 shall apply to insolvency proceedings filed after January 1, 2021.
Pursuant to section 4 InsVV, number 9002 of the Schedule of Costs of the GKG applies to the transfer of service within the meaning of section 8 InsVV.
However, number 9002 is supplemented by the addition that the flat rate for service of process is only charged if more than 10 notifications are made in one legal action. The question of whether the reimbursement is made from the first service or only from the first service is disputed in case law and literature (see in detail on the status of the dispute AG Leipzig, decision of 21.12.2021 401 IK 351/21).
Hamburg Local Court: No either/or
The Local Court of Hamburg (decision of February 4, 2022, 68 h IK 35/21) does not take the “either-or” approach, but starts from the premise that the insolvency administrator is to be regarded as part of the “court-insolvency administrator functional unit”. For this reason, the notifications made by the court up to the end of the insolvency proceedings should be counted towards the first 10 notifications made by the insolvency administrator and the latter should only be subject to a “cap” to the extent that these have not yet been exhausted.
