projetos
BGE 19 I 146 ΓÇó Appeal inadmissible for lack of amount in dispute
BGE 19 I 146Coletânea oficial do Tribunal Federal (BGE) / Volume I30 de jun. de 1892Inadmissible
Blumer claimed 601.50 CHF in overdue interest and collection costs against Aktiengesellschaft Cilander. The company, in liquidation, argued that the creditor had to accept a conversion of his bond claims into new securities, but it had not filed a counterclaim on that point. The Federal Court held that only the claimed interest amount counted for the amount in dispute; the conversion question was merely a defense issue and not part of the dispositive judgment. Because the statutory minimum amount was not reached, the appeal was inadmissible.
Amount in dispute under federal appellate jurisdiction; a merely defensive reliance on a conversion arrangement does not enlarge the Streitwert. If the defendant seeks a binding determination that the claimant must accept a conversion of his claim, it must raise a counterclaim; otherwise the court decides only the amount actually claimed, and prejudicial considerations in the reasoning do not count toward jurisdiction (consid. 2).