Questão jurídica principal
Whether the ordinary cost rule of § 101 ZPO applies by analogy in insolvency moratorium proceedings.
Decisão extraída
No. The proceeding is a special one-party procedure, so the ordinary rule cannot be applied even by analogy because there is no losing party.
Fundamentação extraída
Court costs are charges for state activity and can be shifted only if there is an opposing party in a two-party procedure. In a moratorium proceeding the applicant is the only party; there is no opponent to bear the costs.