Question juridique clé
Whether party compensation may be awarded only if the prevailing party has expressly requested it, and whether a request for dismissal with costs can include such a request.
Solution extraite
Party compensation may be awarded only if the prevailing party has made a corresponding request; whether a request for dismissal with costs also contains such a request must be determined case by case.
Motifs extraits
The court applies § 101(1) ZPO and stresses that entitlement to party compensation depends on a specific procedural request. The wording of a costs request must therefore be interpreted in context and assessed individually.