Art. 64 APA from 2022
Art. 64 IV. Reimbursement of representation costs
1 The appellate authority may award the successful party ex officio or on application a payment in respect of all or part of the costs that he has incurred that were reasonable and necessary.
2 The award shall be quantified in the decision and imposed on the public corporation or autonomous institute in whose name the lower instance issued its ruling, unless it may be imposed on an unsuccessful respondent.
3 It may be imposed on an unsuccessful respondent, depending on his ability to pay, provided the party participated in the proceedings by filing an independent application.
4 The public corporation or autonomous institution in whose name the lower instance issued its ruling shall be liable for the payment of an award imposed on an unsuccessful respondent in the event that it is found to be unrecoverable.
5 The Federal Council shall regulate the calculation of the award. (1) Article 16 paragraph 1 letter a of the Administrative Court Act of 17 June 2005 (2) and Article 73 of the Law Enforcement Authorities Act of 19 March 2010 (3) are reserved. (4)
(1) Amended by Annex No 10 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).(2) SR 173.32
(3) SR 173.71
(4) Second sentence amended by Annex No II 3 of the Law Enforcement Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
