Questão jurídica principal
Whether, under a jurisdiction agreement, the court president may decide to decline jurisdiction under § 23(2) ZPO.
Decisão extraída
No. When the agreed forum is the Amtsgericht, the court itself must decide whether to accept or decline the case; the president is not competent to make that determination.
Fundamentação extraída
The forum clause designated the Amtsgericht, not the single judge. Because the disputed amount exceeded CHF 8,000, the matter belonged to the Amtsgericht as such. The president therefore could not decide the jurisdictional objection under § 23(2) ZPO; the Amtsgericht had to decide for itself whether to accept the case.