Question juridique clé
Whether the appeal against the 2016-12-22 cost decision was well-founded
Solution extraite
The appeal was manifestly unfounded because, after the request for interim measures was not entered into and legal aid was refused, the appellant had to bear the costs; no grounds for cost allocation by equity were shown.
Motifs extraits
Under Art. 106(1) ZPO, the requesting party is treated as the losing party when the court does not enter into the request. The appellant did not demonstrate any basis for an exceptional allocation under Art. 107 ZPO. Costs were therefore rightly imposed.