Transport Costs in Eviction and Bankruptcy Proceedings: Enforcement vs. Bankruptcy Costs

The court addressed whether transport costs for goods moved from storage to the enforcement office, following an eviction order and during subsequent bankruptcy proceedings, constitute enforcement costs or bankruptcy costs. The court reasoned that while subsequent storage costs stemming from the initial eviction order are recoverable as enforcement costs, the transport expenses incurred when the enforcement office took the already stored items into official custody under bankruptcy law (Art. 170 SchKG) are classified as bankruptcy costs, not enforcement costs under § 302 Abs. 2 ZPO, meaning their assessment falls under the jurisdiction of the bankruptcy court, not the enforcement judge.