Federal Act on Administrative Procedure

¹The 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.

²The 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.

³It 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.

⁴The 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.

⁵The Fed­er­al Coun­cil shall reg­u­late the cal­cu­la­tion of the award.¹ Art­icle 16 para­graph 1 let­ter a of the Ad­min­is­trat­ive Court Act of 17 June 2005² and Art­icle 73 of the Law En­force­ment Au­thor­it­ies Act of 19 March 2010³ are re­served.⁴