Questão jurídica principal
Whether the Federal Administrative Court had to award party compensation after the case became moot due to withdrawal of the house ban
Decisão extraída
Party compensation was not mandatory on these facts; refusing it was not arbitrary or otherwise contrary to federal law.
Fundamentação extraída
Mootness is attributed on material grounds. When an authority withdraws a measure because the underlying situation has changed and not because it recognized the measure as unlawful, it is not necessarily the losing party. Here the mootness was mainly due to the appellant's later conduct and the approaching expiry of the ban; moreover, the record was insufficient to assess the merits before mootness because no exchange of briefs had taken place. In these circumstances, denying compensation was permissible.