Reimbursement of costs in the objection procedure

(1) Insofar as the objection is successful, the legal entity whose authority issued the challenged administrative act must reimburse the person who lodged the objection for the outlays necessary for the appropriate pursuit or defence of rights. This also applies where the objection is unsuccessful only because the breach of a procedural or formal provision is immaterial under section 45. Insofar as the objection has remained unsuccessful, the person who lodged the objection must reimburse the authority that issued the challenged administrative act for the outlays necessary for the appropriate pursuit or defence of rights; this does not apply where the objection is lodged against an administrative act issued in connection with 1. an existing or former public-law service or official relationship, or 2. an existing or former statutory service duty, or an activity that may be performed in place of the statutory service duty. Outlays arising through the fault of a person entitled to reimbursement must be borne by that person; the fault of a representative is attributed to the person represented.
(2) The fees and expenses of a lawyer or of another authorised representative in the objection procedure are recoverable where the engagement of an authorised representative was necessary.
(3) The authority that took the decision on costs fixes, on application, the amount of the outlays to be reimbursed; where a committee or advisory board (section 73(2) of the Code of Administrative Court Procedure) took the decision on costs, the fixing of costs is incumbent on the authority at which the committee or advisory board is formed. The decision on costs also determines whether the engagement of a lawyer or of another authorised representative was necessary.
(4) Subsections (1) to (3) also apply to objection procedures in measures of judicial service law.