Question juridique clé
Whether the Federal Administrative Court could allocate its own costs 50/50 after the case became moot.
Solution extraite
Yes. Where a case becomes moot without direct fault by either party and the likely outcome cannot be determined, the court may allocate costs based on the indirect cause of the proceedings, here the parties' conflict.
Motifs extraits
Art. 5 VGKE allows cost allocation based on the factual situation before mootness; the court has broad discretion. The parties' breakdown and inability to run the clinic jointly justified splitting costs, and the appellant's factual objections did not meet the standard for challenging the findings.