Key legal question
How to allocate costs after settlement under § 103 ZPO
Extracted holding
In a case ended by settlement, the court must weigh all cost-causing factors, not mainly who initiated the litigation.
Extracted reasoning
The initiation of proceedings is only one factor. Here, the defendant’s refusal to pay until after expert evidence and settlement talks, combined with the plaintiff’s moderate claim in the lawsuit, justified leaving the costs largely with the defendant.