Reimbursement of legal fees for malicious and abusive claims

The Federal Supreme Court has recognised that there are situations where one party involves another party in legal proceedings for malicious, abusive and intentional reasons. This does not even have to result in a court case, it is sufficient that the accused party suffers damage in the form of legal fees.

A procedure is considered unlawful if it is clear from the outset that it is futile. An example of this is someone who appeals against a building permit in order to delay the execution of a building project despite the obvious hopelessness. This damage can be asserted through a claim for damages.

Liability does not come into play if the plaintiff is guilty of slightly negligent misjudgement. (Source: BGE 117 II 394)