Key legal question
Whether the conciliation authority could decide on a reduced CHF 2,000 claim without informing the absent defendants of the request for a decision.
Extracted holding
No. The defendants had to be informed of the request for a decision and given an opportunity to comment; otherwise their hearing rights are violated.
Extracted reasoning
A decision under Art. 212 ZPO is only permissible upon request and has major procedural consequences. If the claim is reduced only at the hearing, the absent defendant cannot expect an immediate decision on that lower amount and must be able to react before the matter turns into a decision procedure.