Decision on the allocation of costs in the event of admission of an appeal for unjustified delay

Facts

On 27 March 2009, company A. SA filed an action against B. before the District Court of La Gruyère to obtain the definitive registration of a legal mortgage of artisans and contractors. After several exchanges between the parties and appearances, A. SA intervened several times with the court to inquire about the status of the proceedings. On 30 January 2013, A. SA filed an appeal for unjustified delay against the Civil Court. The 1st Civil Court of Appeal of the Cantonal Court of the Canton of Fribourg admitted the appeal, found the unjustified delay and charged the judicial costs to the State of Fribourg, but refused to award costs to A. SA.

Considerations

The Federal Tribunal upheld the appeal of A. SA against this decision. It recalled that according to Art. 106 para. 1 CPC, the costs, including the judicial costs and the costs, are generally charged to the losing party. Although the court ruling on the appeal for unjustified delay is not a party to the civil proceedings, the appeal is directed against the court itself which has refused to rule or has been slow to do so.…