Key legal question
Whether the defendant could rely on the peace judge's local incompetence to avoid the cost order despite not raising it after receiving the summons.
Extracted holding
No. A party who knows the summons was issued by an allegedly incompetent peace judge must object promptly; remaining silent in order to let useless proceedings take place violates good faith and forfeits protection.
Extracted reasoning
The principle of good faith applies in conciliation proceedings as well. It is contrary to good faith to cause unnecessary procedural costs. Since the defendant apparently did not accept the peace judge's jurisdiction, he had a duty to point out the lack of local competence after receiving the summons. His deliberate silence, knowing that an unnecessary conciliation hearing would occur, is unprotected under Article 2(2) ZGB.