Kostenfestsetzungsbeschluss

Kostenfestsetzungsbeschluss is a court decision in German civil procedure that determines the exact amount of costs attributable to a case. It serves to fix which party bears the costs and how much they must pay, focusing on the costs of the proceedings rather than the substantive merits of the dispute.

The decision arises in a Kostenfestsetzungsverfahren, typically after a judgment has been rendered or after a party has submitted a request to fix the costs. The scope of the costs fixed in the Beschluss generally includes court fees, attorney fees according to the Rechtsanwaltsvergütungsgesetz (RVG) or equivalent scales, and other recoverable expenses such as fees for witnesses or experts. The Kostenfestsetzungsbeschluss does not re‑decide the merits of the case; it only finalizes the monetary costs that are due as a consequence of the litigation.

Procedure and effect: After the relevant cost items are submitted and examined, the court issues the Kostenfestsetzungsbeschluss. The decision is enforceable, allowing the successful party to initiate collection if the other side does not pay. It can be subject to legal remedies under applicable procedural rules, such as complaints or other permissible motions, depending on the jurisdiction and the specific circumstances of the case.

Distinguishing features: Unlike the main judgment, the Kostenfestsetzungsbeschluss is solely concerned with the calculation and allocation of costs, not with the substantive outcome of the dispute. It relies on statutory rules governing cost calculation and the submitted cost bills.

See also: ZPO (Civil Procedure Code), RVG, Rechtsmittel.