Kernrechtsfrage
Whether the fee of the appointed counsel in the Federal Administrative Court proceedings was set too low and had to be reconsidered.
Extrahierter Entscheid
The fee was inadequately reasoned and the case had to be sent back for a fresh assessment of the necessary work and possible increase for a case with financial interest.
Extrahierte Begründung
A fee based on the file alone may be erroneous if the asserted time spent would lead to a markedly lower hourly rate than the minimum under the fee regulation. However, the court must first examine whether the claimed work was necessary under Art. 10 VGKE; that assessment was missing in the lower court’s brief reasoning.