Facts
The Municipality of Lucerne is the owner of the property Geissensteinring 41 in Lucerne and has granted the association "IKU Boa" the use of a part of the building on the property under a loan agreement. Various neighbors (owners, condominium owners, and tenants) requested that the Municipality of Lucerne be prohibited from holding concerts, events with disco music, and events with bar operations in the Boa premises between 11 pm and 7 am, either directly or through third parties. The President of the District Court III of the City of Lucerne issued a corresponding prohibition, and the High Court of the Canton of Lucerne dismissed the appeal filed by the Municipality of Lucerne against this decision.
The Municipality of Lucerne filed a civil law appeal with the Federal Supreme Court against this decision, requesting the annulment of the decision and a finding that the possessory action was forfeited, or alternatively, the remand of the case to the High Court due to a violation of the right to be heard.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it could be considered. It stated that disputes over possessory rights are of a pecuniary nature and the amount in dispute must be at least CHF 30,000. Whether this value was reached here could be left open, as the appeal would in any case not succeed on the merits.
The…