Key legal question
Whether the Federal Court had jurisdiction over the defendants' appeal given the reduced amount in dispute
Extracted holding
No. The amount in dispute at the time of the last cantonal instance was no longer CHF 3,000, so federal jurisdiction was lacking.
Extracted reasoning
Under Art. 29 OG, the relevant amount in dispute is determined by the state of the case before the decision of the last cantonal instance. Because the plaintiff reduced the claim at the second-instance hearing to CHF 2,950, the statutory threshold was not met. The motive for the reduction was irrelevant.