· Technical article · Cost practice
by Dipl.-Rechtspfleger Peter Mock, Koblenz
| If the loser has moved and the court decision (usually a default judgment) is therefore served publicly, the following question arises in the cost assessment procedure: Should the application for the assessment of costs (KFA) and the decision on the assessment of costs (KFB) each be served separately and publicly, or should the public service be done together possible? |
1. Practical exercise violates the principle of the right to be heard
It corresponds to a widespread practice and §§ 103, 104 ZPO, if the KFB is issued immediately as part of the cost assessment procedure to simplify it and the cost accounting and the KFA are sent to the respondent together with the decision. However, such an approach contradicts the principle of the right to be heard (OLG Düsseldorf MDR 11, 1500; LG Leipzig Rpfleger 22, 481).
2. Subsequent healing possible
Nevertheless, such a deficiency can be remedied by subsequently granting the right to be heard in the complaints procedure. The catch-up corresponds to constitutional principles (cf. BVerfG NVwZ 09, 580; OLG Düsseldorf, loc.cit.). In order to quickly obtain an enforcement title for your cost reimbursement claims, you should submit the following application if the opponent’s whereabouts are unknown: