Facts
On December 16, 2009, the condominium owners B., C., D., and E. filed a lawsuit against six co-owners, including A., with the District Court XI Interlaken-Oberhasli. They requested that the areas designated in green on the allocation plans of the property F. be in the joint ownership of the condominium association G. Furthermore, the defendants were to be ordered to give their consent to the definitive public deed with the condominium regulations and allocation plans.
Subsequently, one of the co-defendants withdrew. The plaintiffs reached an agreement with A. and the four remaining co-defendants to settle the dispute, which A. however revoked. Thereupon, the proceedings continued only against A.
The Regional Court Oberland granted the declaratory claim but dismissed the legal claim No. 2. A. was ordered to pay three-quarters of the court costs and half of the party costs of the plaintiffs.
A. appealed to the High Court of the Canton of Bern. The High Court did not enter into the appeal, as it was not sufficiently substantiated.
Considerations
The Federal Supreme Court examined whether A.'s complaint against the non-consideration decision of the High Court was admissible. It concluded that the complaint was generally admissible, as the amount in dispute exceeded the statutory limit of CHF 30,000.
However, the Federal Supreme Court could not enter into the legal claim to dismiss the lawsuit of…