FAQ

How are the costs of the proceedings calculated and who bears them?

Regarding the costs of the procedure, a distinction can be made between:

  • Costs of the parties
  • Costs of the authority

With respect to the costs of the parties, the principle of cost self-sufficiency applies in administrative proceedings, meaning that the parties must generally bear the costs they have incurred in the procedure themselves. This principle applies regardless of the outcome of the procedure. Although cost reimbursement may be provided for against other parties in the respective administrative regulations, this is rarely the case (e.g., Mineral Resources Act, Water Rights Act). In some cases, certain costs for unjustified non-appearance may still be imposed on a party. This applies, for example, to witnesses who incur costs or to the applicant if the hearing was adjourned due to their non-appearance.

Regarding the costs incurred by the authority for its activities in the procedure, the principle of official cost bearing applies, meaning that the costs are to be borne ex officio by the legal entity obligated to bear the costs according to constitutional and financial equalization provisions. Only certain costs (e.g., cash expenses, administrative fees) are exempt from this.

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