Kernrechtsfrage
How should procedural costs be allocated when the appeal succeeds only to a very small extent?
Extrahierter Entscheid
If the success is minor, specifically below 10%, the procedural costs may be imposed entirely on the party that mostly lost the case.
Extrahierte Begründung
Cost allocation follows the outcome of the proceedings. For reasons of procedural economy, and in analogy to express rules in other procedural codes, the court changed its practice and accepted full cost allocation to the mostly unsuccessful party when the appellant prevails only to a minimal extent. The appellants' success of about 6.5% was too small to justify a different allocation.