Imposition of Procedural Costs for Breach of Decorum

Facts

The appellant A. challenges the imposition of procedural costs by the cantonal instances. According to the Federal Court, the cost order violates Art. 20a Para. 1 DEBA, as there was no malicious or frivolous appeal. A breach of decorum, which could have been punished under cantonal law, is not sufficient for this. The decisions of the lower instances are therefore overturned on this point.

Considerations

Pursuant to Art. 20a Para. 1 DEBA, the appeal procedure is generally free of charge. Only in the case of a malicious or frivolous appeal can fines as well as fees and expenses be imposed on a party. A breach of decorum, as previously provided for in the fee schedule to the DEBA, does not fall under this provision.

The lower instances have indeed found that the submissions of the appellant contained inappropriate content or tone. However, this does not necessarily lead to the conclusion of malicious or frivolous…