No review of the necessity of professional representation when determining party compensation

Facts

The appellant, a corporation, had filed a request for provisional enforcement against the respondent. The District Court granted the appellant provisional enforcement and ordered the respondent to pay party compensation of CHF 148.50. The appellant appealed the determination of party compensation and requested compensation of CHF 570.78. The High Court dismissed the appeal, as it was a very simple procedure and the appellant, as a professional collection agency, had the corresponding know-how.

The appellant filed an appeal in civil matters and, if necessary, a subsidiary constitutional appeal with the Federal Court. It requested the annulment of the High Court's judgment and the award of compensation of CHF 570.78 for the first-instance proceedings.

Considerations

The Federal Court had to decide whether the necessity of professional representation may be reviewed when determining party compensation. The lower court had affirmed this and correspondingly reduced the party compensation.

However, the Federal Court denied this and decided that the necessity of professional representation may not be reviewed. It based its decision on the wording of Art. 95 para. 3 CPC, which does not provide for a review of the necessity of professional representation.

The Federal Court…