Facts
Y. filed a divorce claim against his wife, X., with the Regional Court of Bern-Mittelland on September 21, 2011. On December 6, 2012, Y. withdrew the divorce claim. In the cost settlement, X. requested that the court costs be imposed on Y. and that he be ordered to pay a party compensation of CHF 8,000. Y. requested that the court costs be halved and the party costs be offset.
The Regional Court imposed the court costs of CHF 3,436 on the parties in equal shares and ordered Y. to pay X. a party compensation of CHF 2,000. X. appealed against the cost decision, which the Higher Court dismissed as unfounded.
X. then filed a civil law appeal and, if necessary, a subsidiary constitutional appeal to the Federal Supreme Court. She requested the annulment of the decision of the Higher Court and that the first-instance court costs be imposed on Y. and that he be ordered to pay a party compensation of CHF 8,000.
Considerations
The Federal Supreme Court upholds the appeal. It states that according to Art. 106 para. 1 CPC, the procedural costs are generally to be imposed on the losing party. In the case of withdrawal of the claim, the claimant is considered the losing party.
Art. 107 CPC does provide for a discretionary regulation for family law proceedings,…