Questione giuridica chiave
Whether the Federal Court had jurisdiction in a follow-up claim under the factory liability act when the amount in dispute in that follow-up action was below CHF 2,000.
Decisione estratta
Jurisdiction must be assessed solely by reference to the petitum of the follow-up action itself, not by adding the amount decided in the earlier judgment; because the new claim did not reach CHF 2,000, the Federal Court lacked competence.
Motivazione estratta
The follow-up claim is substantively part of the accident compensation, but procedurally it is an independent claim brought in a separate proceeding. It depends only on a reservation in the earlier judgment. For federal jurisdiction, the amount in dispute is taken from the claim now asserted and the parties' pleadings, not from the prior award.