Facts
The D. S.a.s (Plaintiff) filed claims with the Commercial Court of the Canton of Aargau against A. AG, B. GmbH and C. GmbH (Defendants). The claims concerned outstanding receivables from various work contracts for work and deliveries in connection with the construction of a car wash canopy and a bistro building on the property of A. AG.
The Commercial Court considered the formation of a simple passive joinder of parties to be admissible. The Defendants appealed this decision to the Federal Supreme Court, as in their view the required factual connection between the claimed receivables was not given.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that for the formation of a simple passive joinder of parties pursuant to Art. 71 para. 1 CPC, it is not required that the claimed claims be based on the same, but merely on similar facts or legal grounds. The lower court had rightly decided that this factual connection was given here, as the claims were based on work and deliveries in connection with the construction of the car wash canopy and the bistro building on the same property.
The Federal…