Question juridique clé
How to allocate costs after settlement under § 103 ZPO
Solution extraite
In a case ended by settlement, the court must weigh all cost-causing factors, not mainly who initiated the litigation.
Motifs extraits
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.