Facts
In this case, it was about a lawsuit filed by Company A AG against Company B AG. The appellant (Company A AG) argued that the required amount in dispute of CHF 30,000 was not reached for the claims pursuant to Claim 2 and Claim 3, and therefore the Commercial Court lacked subject-matter jurisdiction for those claims.
The Federal Supreme Court had to decide whether the joinder of claims was admissible in this case, even though the individual claims had different amounts in dispute and would therefore not be subject to the same type of proceedings.
Considerations
The Federal Supreme Court concluded that the joinder of claims was admissible in this case. It stated that pursuant to Articles 90 and 93 of the Swiss Civil Procedure Code (CPC), in the case of a joinder of claims, the asserted claims are added up, provided they do not exclude each other. It is irrelevant whether the claims individually would be subject to the same type of proceedings and subject-matter jurisdiction.
The Federal Supreme Court justified this by stating that a restrictive interpretation of Article 90 CPC is required if both the subject-matter jurisdiction and the type of proceedings depend on the amount in dispute. Considerations of procedural economy and the…