Question juridique clé
Whether compensating first-instance and appeal costs under Geneva procedure was arbitrary
Solution extraite
Yes. The cantonal court's reasons were unsustainable: the respondents had lost, the dismissal for inadmissibility did not justify a different cost rule, and equity could not shift the consequences of the respondents' own mistaken legal position onto the successful party.
Motifs extraits
Under Geneva CPC art. 176, cost compensation is exceptional and requires equitable reasons. None existed here; the state’s premature or mistaken action did not remove the respondents' defeat, and any alleged abuse-of-right argument belonged to the merits, not costs.