Swiss Civil Procedure Code

¹The court may di­verge from the gen­er­al prin­ciples of al­loc­a­tion and al­loc­ate the costs at its own dis­cre­tion:

a.

if an ac­tion has been up­held in prin­ciple but not the full amount claimed, and if the amount of the award was de­term­ined at the court's dis­cre­tion or if the claim was dif­fi­cult to quanti­fy;

b.

if a party was caused to lit­ig­ate in good faith;

c.

in fam­ily law pro­ceed­ings;

d.

in pro­ceed­ings re­lat­ing to a re­gistered part­ner­ship;

e.

if the pro­ceed­ings are dis­missed as ground­less and the law does not provide oth­er­wise;

f.

if there are oth­er ex­traordin­ary cir­cum­stances that would res­ult in an al­loc­a­tion ac­cord­ing to the out­come of the case be­ing in­equit­able.

²Court costs that are not at­trib­ut­able to any party or third party may be charged to the can­ton if equit­able.