Questione giuridica chiave
Whether K. was entitled to party compensation in the administrative appeal despite the general rule against compensating authorities.
Decisione estratta
Yes, because the municipality had to bear special responsibility for the erroneous decision and the government adopted the solution K. had already accepted.
Motivazione estratta
Party compensation under the VRG is discretionary, but exceptions exist where a public authority is especially responsible for a mistaken decision. Here the municipality first pursued the matter, then ordered a solution contrary to prior indications, and only the government on appeal corrected it in substance. This justified a reduced compensation.