Kernrechtsfrage
Whether the first-instance party compensation could be capped on the ground that legal representation was not necessary.
Extrahierter Entscheid
No. A party that is represented by counsel and prevails is entitled to compensation under the cantonal tariff; the court may not deny it by questioning the need for counsel as such.
Extrahierte Begründung
The Federal Court had recently held that party compensation cannot depend on reviewing whether professionally retained representation was necessary at all. The lower court therefore had to determine compensation under the tariff and assess only whether the claimed work was objectively necessary.