Facts
In the context of a tenancy extension proceeding before the Conciliation Authority of Bern-Mittelland, A. filed a request for the granting of gratuitous legal assistance and representation. The Conciliation Authority rejected the request. A. then filed a complaint with the High Court of the Canton of Bern, which upheld the complaint and granted A. gratuitous legal assistance for both the conciliation proceedings and the complaint proceedings.
A. subsequently filed a civil law complaint and a subsidiary constitutional complaint with the Federal Supreme Court. She requested that she be awarded the full party compensation at the expense of the Canton of Bern for the proceedings before the lower instance.
Considerations
The Federal Supreme Court first determined that the issue raised is a matter of law of fundamental importance, as it has not yet been decided by the highest court whether the Civil Procedure Code (CPC) provides a basis for imposing (full) party costs on the canton as the losing party in proceedings for the granting of gratuitous legal assistance.
The Federal Supreme Court then decided that the complainant should be treated in the case of success as in any other case of success, i.e., she is to be awarded normal party…