Question juridique clé
Whether a claimant in a public-law employment action before the administrative court is entitled to extrajudicial compensation.
Solution extraite
Yes. The court held that the claimant is in principle entitled to extrajudicial compensation in such proceedings under Art. 98(1) VRP.
Motifs extraits
Although Art. 343(3) OR applies by analogy in public-law employment disputes, it does not exclude extrajudicial compensation. The earlier restrictive practice based on Art. 98ter VRP in conjunction with former Art. 269 lit. b ZPG was tied to a provision that was later amended. Since the statutory exception was narrowed, the general rule of full compensation applies in administrative court proceedings.