Kernrechtsfrage
Whether, after a settlement in a case with legal aid, process costs may be allocated mechanically half and half.
Extrahierter Entscheid
No. The court must assess all cost-causing factors and weigh them; a schematic equal split is impermissible.
Extrahierte Begründung
Under § 113 Abs. 1 ZPO, cost allocation in settled cases with legal aid must be made as if no party had legal aid, and any settlement on costs is not binding on the court to the detriment of the state. The outcome on the merits, including who prevailed and the conduct of the proceedings, must be considered.