NARV-KESKRING: claim dismissed after debt payment, but part of the court fee awarded

The debt was paid during proceedings and was not awarded again, but XX must reimburse the association 180 euros in court fees.

The apartment association NARV-KESKRING sought debt payment from XX. By the hearing, the debt had been paid; the last payment was made after the claim was filed. The court dismissed the claim because the demand had been fulfilled. This is not a finding that no debt had existed from the outset. XX objected to litigation costs, citing the lack of a warning about court action. Taking account of payment after filing and the parties’ agreement at the hearing, the court imposed 72% of the court fee expenses on XX: the association was awarded 180 euros out of the 250 euros paid. The association bears the remaining fee, and each participant bears its own other costs. Payment of the awarded costs is not established.

Dismiss the claim. Impose 72% of the court fee expenses on XX and award the association 180 euros against XX. Each party bears its own other costs.