In deviation from the loser-pays principle, the ”cost creator” principle stipulates for some cases that a party must bear all or certain litigation costs, regardless of the outcome of the case. This means that certain costs must be borne even if a party prevails. This applies to the following cases, for example:
- The defendant has not given rise to the action by his conduct and immediately acknowledges the claim asserted in the action—in this case the plaintiff shall bear the costs of the proceedings
- Separation of costs—here the costs of a certain stage of the proceedings are to be reimbursed
- Proceedings are annulled due to nullity—in this case the costs are in principle to be mutually set aside
