Permissible separate cost assessments for unsuccessful mutual appeals under § 97 ZPO

The German Federal Court of Civil Procedure (BGH) dismissed the plaintiff's application dated March 11, 2013, against a senates decision of March 6, 2013, thereby upholding the earlier ruling that rejected a consolidated cost determination. The dispute concerned the procedural handling of costs in a civil litigation proceeding where both parties' appeals were unsuccessful, with the plaintiff challenging the court's decision not to merge the cost assessments for both appeals into a single operative part. The court held that a unified cost decision was not mandated; instead, under Section 97 of the German Code of Civil Procedure (ZPO), it is permissible to assess the costs for each appeal separately when both appeals fail, thereby leaving the separate cost orders for the respective unsuccessful appeals in force.