Kernrechtsfrage
Whether the entire appellate costs should be imposed on the plaintiffs after the appeal became moot and partly inadmissible
Extrahierter Entscheid
Yes. The plaintiffs had brought about the appeal proceedings and caused the case to become moot, so the appellate costs were allocated to them in full.
Extrahierte Begründung
For the portion where the appeal was not entered into, the plaintiffs bore the costs under Art. 106(1) CPC. For the portion struck off as moot, costs were allocated at the court's discretion under Art. 107(1)(e) CPC. Since a costs ruling must not amount to a substantive judgment, the decisive factor was that the plaintiffs initiated the appeal and caused the mootness.