Key legal question
How is the revision-instance dispute value to be calculated in a tenant’s negative declaratory action against a rent increase when the landlord asserts a payment counterclaim on the same subject matter?
Extracted holding
The value is determined by the higher amount of the negative declaratory action, namely the annual amount of the additionally claimed rent for the modernisation increase still in dispute in revision.
Extracted reasoning
Because the payment counterclaim concerns the same subject matter, the counterclaim does not create a separate higher value; the relevant value follows the negative declaratory claim under the GKG provisions cited by the court.