Question juridique clé
Whether the Federal Court had jurisdiction despite the amount in dispute being below CHF 3,000 when a larger counterclaim was raised only as set-off.
Solution extraite
The amount in dispute is determined by the plaintiff's claim and the relief sought; a counterclaim raised only as set-off counts only up to the amount of the principal claim, so federal jurisdiction was not established.
Motifs extraits
The defendant did not assert the CHF 3,000 claim by way of counterclaim, but only as a compensation defense. For jurisdictional value, only the amount of the claim in suit is relevant, and the set-off defense can be considered only up to the amount of that claim.