Questione giuridica chiave
Whether § 113 lit. a ZPO requires a strict 10% threshold between a pre-trial offer and the judicial award for cost allocation.
Decisione estratta
§ 113 lit. a ZPO is not excluded merely because the court award differs from the pre-trial offer by more than 10%; the 10% rule is too schematic and the circumstances of the individual case, including the amount in dispute and the nature of the dispute, must also be considered.
Motivazione estratta
The court rejected a rigid percentage threshold and held that the statutory cost rule must be applied with regard to the concrete case.