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BGE 17 I 116 ΓÇó Federal jurisdiction and amount in dispute for conditional claim
BGE 17 I 116Amtliche Sammlung des Bundesgerichts (BGE) / Band I12.12.1890Inadmissible
Mösle appealed a Zurich Commercial Court judgment in a dispute over repayment of allegedly overpaid money. The Federal Court held that jurisdiction depends on the claims as actually pleaded and decided below. Marty Raschle's unconditional claim alone was below the federal amount in dispute. The claim of Stella AG had been raised only conditionally and never became pending because the condition did not occur. The appeal was therefore not entertained, and the cantonal judgment remained fully in force.
Federal jurisdiction in civil matters; amount in dispute where one claim is brought only conditionally: for determining jurisdiction, only the claims actually and unconditionally pending before the lower court and decided by it are relevant; statements made before the peace office are immaterial. A claim raised solely subsidiarily or conditionally does not enter the amount in dispute unless the condition occurs and the claim becomes justiciable. If the unconditional principal claim does not reach the jurisdictional threshold, the Federal Court lacks competence, even if a related counterclaim would otherwise satisfy the threshold; a mere prejudicial relationship cannot create jurisdiction where the condition for the ancillary claim failed.