Question juridique clé
How should the procedural initiation fee be calculated when the defendant files only an uneinlässliche Klageantwort?
Solution extraite
Where the defendant submits only an objection-based, non-substantive answer, the initiation fee is not assessed under § 160(1) of the fee tariff but under § 160(2), according to the extent of the work and the difficulty of the case.
Motifs extraits
The process was not fully advanced on the merits; the defendant merely raised lack of passive legitimacy and res judicata. Because the dispute had not yet entered the substantive stage, the standard fee tied to the claim amount did not apply.