Facts
On 6 February 2013, the Debt Collection Office of Baar issued a payment order for around 946 million Swiss francs on the request of B. AG (defendant, respondent to the appeal). The plaintiff (appellant) filed an objection against this.
On 27 September 2013, the plaintiff filed a negative declaratory action against the respondent to the appeal with the Cantonal Court of Zug. The President of the Cantonal Court informed the parties that the proceedings were expected to incur court costs of 60,000 Swiss francs. The plaintiff paid this advance on costs.
By decision of 6 December 2013, the reporting judge of the Cantonal Court ordered the plaintiff to pay a further advance on costs of 440,000 Swiss francs. The plaintiff appealed against this to the High Court of the Canton of Zug, which dismissed the appeal.
The plaintiff filed an appeal in civil matters against the judgment of the High Court with the Federal Supreme Court.
Considerations
The Federal Supreme Court examined whether the appeal was admissible. It concluded that the appeal was admissible, as the increase in the advance on costs could cause irreparable harm to the plaintiff.
On the merits, the Federal Supreme Court stated that courts can demand an advance on costs up to the amount of the expected court costs pursuant to Art. 98 CPC. This advance can be increased if changed circumstances suggest a higher expenditure by the court.
In the present case, the Federal Supreme Court saw such changed circumstances, as the proceedings were not limited to the question of limitation period as requested by the plaintiff, but to the issue of jurisdiction. The latter proved to be complex and…