Art. 123 Act on Administrative Procedure and Administrative Justice (Administrative Justice Act, VRG) (Verwaltungsrechtspflegegesetz, VRG) - Party Compensation

1. In the first-instance administrative procedure, no party compensation is awarded, unless otherwise provided. In objection proceedings, the losing objectors must pay the prevailing applicants a reasonable party compensation if the objection was obviously abusive.

2. In appellate proceedings, a reasonable compensation shall be awarded to the party who prevails in whole or in part, to be borne by the losing party.

3. If private parties oppose each other in appellate proceedings, the losing private party shall usually bear the party compensation. The public entity must bear a reasonable portion of the party compensation if it is responsible for gross procedural errors or apparent legal violations.

4. Generally, no party compensation is awarded to public entities involved in the proceedings.

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