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BGE 33 II 714 ΓÇó Moderation of attorney fee request denied
BGE 33 II 714Recueil officiel du Tribunal fédéral (ATF) / Volume II6 juil. 1907Dismissed
Nater-Meyer asked the Federal Court to moderate Dr. M.'s invoice of CHF 245.60 for representation in the federal proceedings against widow Josefa Ebner. The Court held that the fee was not excessive and remained within the tariff limits of Art. 222 OG. It further stated that the unsuccessful outcome of the prior case and alleged breaches of mandate were irrelevant in moderation proceedings. The request was dismissed.
Art. 222 OG; moderation of attorney fees; scope of review. A fee request for representation before the Federal Court is to be moderated only if it is excessive or exceeds the applicable tariff limits. In assessing a moderation request, the Court examines the amount charged in light of the complexity and extent of the mandate; the unfavorable outcome of the underlying proceedings and alleged violations of mandate duties are not relevant criteria for moderation (consid. 1-2).