173.8 GTARLTAR

CH-VS

Art. 4 Act fixing the tariff of fees and costs before judicial or administrative authorities (LTar) - Party Compensation

Applicable Special Provisions in Cases of Public Law and Social Security Law

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Art. 4 GTar - Party Compensation · Party Compensation

1. **Party Compensation**

Party compensation includes the indemnity to the entitled party (Sec. 2) and the costs of legal counsel (Sec. 3). It generally covers the necessary costs incurred due to litigation. The decision that sets the party compensation does not affect the internal relationship between the legal counsel and the client.

2. The compensation granted to a party includes the reimbursement of its expenses and, if justified by special circumstances, a compensation for loss of time and lost profits.

3. The costs of legal counsel include the fee, which is calculated according to Articles 27 and following of this Act, and other expenses.

← Art. 3 GTar - Costs Act fixing the tariff of fees and costs before judicial or administrative authorities (LTar) - Scope of Application Art. 5 GTar - Decision Regarding Costs and Party Compensation →

Court Decisions Applying This Provision (112)

S1 25 50 · vs (Art. 4 GTar)

Appeal Allowed Due to Insufficient Medical Assessment; Remanded for Further Review and Costs Awarded

Cited in relation to determining the final amount of the party compensation.

A1 24 142 · vs (art. 4 al. 1 LTar)

Chalet Height Violation and Permit Annulment Appeal Dismissed

Cited in connection with ordering the unsuccessful appellants to pay the successful respondents' legal fees and denying the appellants' own legal fees.

A1 24 143 · vs (art. 4 al. 1 LTar)

Neighbors v. Municipality (Underground Garage Permit and Servitude Dispute)

Cited in the reasoning for determining the amount of legal costs awarded.

A1 24 143 · vs (art. 4 al. 3 LTar)

Neighbors v. Municipality (Underground Garage Permit and Servitude Dispute)

Cited in the reasoning for determining the amount of legal costs awarded.

A1 23 177 · vs (art. 4 al. 1 et 2 LTar)

Employee Termination Appeal Withdrawn Following Settlement: Costs Awarded to Withdrawing Party

Cited in relation to the non-attribution of party indemnity because the DSIS was not represented and did not request it.

A1 24 235 · vs (art. 4 al. 1 et 2 LTar)

Warden v. Security Department (Legal Assistance Denial)

The court cited these provisions regarding the appellant not being entitled to costs (dépens).

S1 24 92 · vs (Art. 4 Abs. 3 GTar)

Disability Insurance Recalculation Based on Actual vs. Hypothetical Prior Income

Cited in the reasoning section 6.2 as part of the rules applied for determining the official counsel's fee, which is confirmed in order no. 3.

A1 24 19 · vs (art. 4 al. 1 et 2 LTar)

Historic Property Demolition and Construction Authorization Challenge

Cited as the basis for denying the appellants' claim for costs.

A1 24 19 · vs (art. 4, 29 al. 2 et 39 LTar)

Historic Property Demolition and Construction Authorization Challenge

Cited as the basis for calculating and imposing costs (attorney fees) on the appellants.

A2 25 2 · vs (Art. 4 GTar)

Costs Reimbursement After Administrative Revocation of Compulsory Schooling Fine

Used to justify the decision to deny the awarding of party indemnities in the former proceedings.

S1 24 57 · vs (Art. 4 GTar)

Disability Pension Adjustment Deduction Dispute: Partial Appeal Success on Set-off Agreement Grounds

Cited in relation to the decision not to award party compensation.

A1 23 213 · vs (art. 4, 37 al. 2 et 39 LTar)

Petitioner's Extended Residency and Progress Outweigh Past Criminal Record for Permit Renewal

Provisions used to determine the amount of legal costs awarded.

F1 24 141 · vs (Art. 4 des Gesetzes betreffend den Tarif der Kosten und Entschädigungen vor Gerichts- oder Verwaltungsbehörden vom 11. Februar 2009 [GTar; SGS/VS 173.8])

Tax Write-off of Uncollectible Loan Pending Estate Determination

Cited in the reasoning concerning the basis for setting the party compensation globally.

S1 24 34 · vs (Art. 4 GTar)

Appeal Allowed for Insufficient Investigation of Increased Disability Pension Claim

Cited as the basis for setting the amount of the party compensation.

S1 24 40 · vs (Art. 4 GTar)

Appeal Regarding Repayment of COVID-19 Income Replacement Benefits to Company Managers

Cited in conjunction with Art. 61 lit. g ATSG for setting the amount of the party compensation.