If the appellant loses his case, he may incur liability to compensate the private party opposing him at the trial for his legal costs. This is the case if it is deemed unreasonable to make the opposing party bear his own costs. Losing a case does, in other words, not automatically result in a liability to compensate the other party for his legal costs.

The appellant shall be liable for the costs of a public corporation in exceptional cases only, mainly if the court considers that he has actually abused the means of legal protection.

If the appellant wins his case in an administrative court, the authority that has made the challenged decision may be ordered to compensate the appellant for his litigation expenses. In this case, too, it is required to show that it would be unreasonable to make the appellant bear his own costs. In addition, it must be established that the proceedings have been caused by an error made by the authority. The appellant is thus not always compensated for his expenses even if he wins his case.

In order for compensation to be awarded, a claim shall be presented. The compensation may be awarded either in full or in part.

If the appellant loses his case in an administrative court, he must, for example in municipal and environmental matters, pay the State a litigation fee. In certain types of matters, such as taxation matters and most social welfare matters, no litigation fee is collected.