Kernrechtsfrage
Whether the ordinary cost rule of § 101 ZPO applies by analogy in insolvency moratorium proceedings.
Extrahierter Entscheid
No. The proceeding is a special one-party procedure, so the ordinary rule cannot be applied even by analogy because there is no losing party.
Extrahierte Begründung
Court costs are charges for state activity and can be shifted only if there is an opposing party in a two-party procedure. In a moratorium proceeding the applicant is the only party; there is no opponent to bear the costs.