Key legal question
Whether party costs must be awarded against the canton when a recourse for unjustified delay is admitted.
Extracted holding
Yes. In a recourse against the court itself for unjustified delay, party costs are governed by Art. 106 CPC; unless cantonal law exempts the canton under Art. 116 CPC, the canton may have to pay costs when the recourse succeeds.
Extracted reasoning
The proceeding is not against the opposing party but against the court that failed to act. Article 107(2) CPC concerns only judicial costs, not party costs. Because the cantonal court did not examine whether Fribourg law exempts the canton under Art. 116 CPC, the matter had to be remitted.