Facts
On 25 November 2005, a road traffic accident occurred in which A. (the appellant) suffered damage. On 18 October 2018, A. filed a claim with the Cantonal Court of Zug against B. AG (the respondent), with whom the other party involved in the accident was insured for liability. A. claimed CHF 30,000.00 as partial compensation for her loss of earnings between 25 November 2005 and 31 October 2018. B. AG filed a counterclaim with the request that it be declared that it owed A. no benefits whatsoever from the accident event of 25 November 2005.
The single judge at the Cantonal Court affirmed the admissibility of the negative declaratory counterclaim and referred the case for consideration in ordinary proceedings to the Cantonal Court. A. appealed against this decision, possibly with an appeal, to the High Court of the Canton of Zug, which dismissed the appeal. Thereupon, A. filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the admissibility of the negative declaratory counterclaim. It stated that according to its case law, the exception to the requirement of the same type of proceedings under Art. 224 para. 1 CPC applies to negative declaratory counterclaims, regardless of whether they are filed in response to a genuine or non-genuine partial claim. The distinction between genuine and non-genuine partial claims is not decisive in this context.
The Federal…