Questão jurídica principal
Whether the appeal was admissible for claims 2 and 3 on the basis of federal law application or applicability.
Decisão extraída
No. The dispute concerned ownership of the fund capital, and once the cantonal court held that the claimed capital belonged to the defendant, no federal-law-based claim to restitution or mandate remained open.
Fundamentação extraída
The plaintiffs had founded their claim on an alleged donation. Their new reliance on mandate or negotiorum gestio did not change the decisive point, because the cantonal judgment established that the capital was the defendant's own property and therefore not managed for the plaintiffs.