Facts
In this case, there was an appeal in civil matters against the lower court's determination of party compensation. The main matter, which concerned daily allowance payments, had already been decided. The only issue in dispute was the question of party compensation.
According to the Federal Act on the Federal Supreme Court (BGG), an appeal in civil matters is only admissible if the amount in dispute is at least 30,000 Swiss francs. In the present case, the daily allowance payments that remained disputed before the lower court exceeded this threshold. However, the party compensation that was challenged was below this amount.
The Federal Supreme Court therefore had to clarify whether the appeal is nevertheless admissible if the main matter reaches the required amount in dispute, but the challenged party compensation remains below it.
Considerations
The Federal Supreme Court decided that the appeal is admissible in this case. The decisive factor is that the claims that remained disputed before the lower court reach the required amount in dispute of 30,000 Swiss francs, even if the only challenged party compensation is below this.
The Federal Supreme Court justified this by stating that,…