Facts
The Federal Supreme Court decided on an appeal against a judgment of the High Court of the Canton of Zurich, in which the latter had not admitted the claim of the condominium associations in [X.] 2, 4 and 6 in [V.] due to defects in the building facades.
The condominium associations had filed an unspecified claim for damages with the District Court of Zurich, seeking to compel the defendant, [A. AG] , to pay the costs for remedying the defects. The District Court and later also the High Court had not admitted the claim, as the appellants had not specified a minimum amount in dispute.
Considerations
The Federal Supreme Court confirmed the decision of the lower courts. It stated that according to Art. 85 para. 1 CPC, a minimum amount in dispute must be specified in an unspecified claim for damages. This serves to determine the subject-matter jurisdiction of the court and the applicable procedural rules.
The appellants argued that a specification and allocation of the claim to the individual condominium associations would only be possible after the receipt of an expert opinion. However, the Federal Supreme Court considered this to be unfounded. The information provided by the appellants themselves showed that an…