Right to Costs for the Executor in a Cantonal Procedure

Facts

The case concerns a dispute between the executor of an estate, [T.], and the AI Office of GastroSuisse, regarding a special levy on a liquidation profit. The executor filed a complaint with the Administrative Court of the Canton of Berne, which was declared moot after the AI Office annulled its decision. The executor requested reimbursement for procedural costs, which was rejected by the cantonal court.

The parties involved are the executor, [T.], the AI Office of GastroSuisse, and the Administrative Court of the Canton of Berne. The procedure began on 29 April 2002 and ended on 23 January 2003.

Considerations

The Federal Insurance Court examined whether the right to costs for the cantonal procedure is subject to art. 85 OASIA or art. 61 GSSLA. It decided that the right to costs remains subject to art. 85 OASIA if the judgment was rendered before 1 January 2003.

The Court also examined whether the executor is entitled to costs for the cantonal procedure. It decided that the executor is entitled to costs if the chances of success of the procedure are real and if the procedural costs are reasonable.

T…