Question juridique clé
Whether the appeal court arbitrarily refused to reduce the dispute value for court fees after an alleged reduction of claims.
Solution extraite
No. The court could base fees on the first-instance dispute value because it was not clearly established that the claims had actually decreased for all respondents.
Motifs extraits
Under § 11 Ziff. 2 GebV/BS the relevant amount is the sum still in dispute on appeal. The appellant failed to show that a lower dispute value had to be assumed; the appeal court's assessment was therefore not manifestly untenable.