Key legal question
Whether the appellant's conduct justified the award of costs and compensation despite an acquittal
Extracted holding
Yes. His conduct unlawfully infringed the secretary's personality rights and could foreseeably trigger a criminal complaint, so the cost allocation and compensation order were not arbitrary.
Extracted reasoning
Under Art. 28(1) ZGB, intentional bodily intrusion can violate personality rights; as an inspection officer, he had no coercive powers under the administrative order or Art. 41(1)(b) VwVG. The conduct was therefore unlawful and adaequately causal for the proceedings.