(1) Costs (fees and expenses) to cover the administrative expense shall be charged for official acts of the public procurement tribunals. The German Administrative Costs Act [Verwaltungskostengesetz] of 23 June 1970 (Federal Law Gazette I p. 821) as amended on 14 August 2013 shall apply.
(2) The fee shall amount to at least EUR 2,500; this amount may, for reasons of equity, be reduced to a minimum of one tenth. The fee should not exceed the amount of EUR 50,000, but may be increased up to an amount of EUR 100,000 in individual cases if the expense involved or the economic significance is unusually high.
(3) If a party to the proceedings is unsuccessful, said party shall bear the costs. Several debtors shall be jointly and severally liable. Costs caused by the fault of a party may be imposed upon said party. If the application becomes obsolete by withdrawal or otherwise before the decision of the public procurement tribunal is rendered, half of the fee shall be payable. The decision as to which party has to bear the costs shall be based on reasonable discretion. For reasons of equity, payment of the fee may be waived entirely or partially.
(4) If a party to the review proceedings is unsuccessful, said party shall bear the respondent's expenses necessary for appropriately pursuing the matter or legally defending itself. Any expenses of third parties admitted to the proceedings shall only be reimbursable if the public procurement tribunal imposes them on the unsuccessful party for reasons of equity. If the application is withdrawn or otherwise becomes obsolete, the decision as to which party will bear another party's expenses necessary for appropriately pursuing the matter or securing legal defence shall be based on reasonable discretion; sentence 2 shall otherwise apply mutatis mutandis in relation to reimbursing expenses of third parties. Section 80(1), (2) and (3) sentence 2 of the German Administrative Procedure Act [Verwaltungsverfahrensgesetz] and the corresponding provisions of the administrative procedure acts of the Länder shall apply mutatis mutandis. No separate proceedings for the taxation of costs shall take place.