Cost Compensation Claim Post-Standstill Ruling Enforceability

The court addressed whether a claim for legal cost compensation awarded by a court decision falls under a previously announced standstill agreement (Nachlassvertrag). The opposing party argued that the debt, arising from legal services rendered prior to the standstill confirmation, was extinguished by the dividend payout under the agreement, but the court reasoned that, according to precedent, a claim for cost compensation arises only upon the finality of the judicial decree establishing it. Since the judgment granting the cost compensation became final on October 17, 2002, which was after the standstill's announcement (February 19, 2002) but before its confirmation, the claim arose not from an obligation incurred by the debtor during the standstill without the administrator's consent, but from a cost ruling in a judicial decision, meaning the debt was not subject to the standstill agreement and remained enforceable.