Questão jurídica principal
Who must bear the costs of a moot objection action under § 103(1) ZPO?
Decisão extraída
The costs were properly imposed on the defendant third-party claimant because she failed to substantiate her asserted ownership grounds despite the creditor's request and thus caused the proceedings.
Fundamentação extraída
When a case becomes moot, the court allocates costs in its discretion, considering causation, likely merits, and who prompted the litigation. Here the prospects on the merits could not be assessed, and the mootness resulted from bankruptcy, not from either party. The decisive factor was that the creditor had requested substantiation outside the proceedings, but the defendant did not respond or produce evidence, so she was deemed to have caused the action.