Whether the first-instance attorney fees for the lifting-of-opposition request should be reduced below the tariff minimum under Art. 20(2) TDC.
Yes. Because the case was exceptionally simple and the work performed was minimal, a manifest disproportion justified fixing the fee at CHF 300.
The court held that Art. 20(2) TDC is an exceptional clause to be used only where the disproportion is evident. Here the value in dispute was modest, the request was short, and only limited preparatory work was needed, so the minimum tariff would be excessive.