Facts
This judgment addresses the question of whether a party who has already filed an appeal against a first-instance judgment can additionally file an incidental appeal against the appeal of the opposing party.
The facts show that the parties A. and B. were involved in divorce proceedings. Both had filed appeals against the first-instance judgment. A. additionally filed an incidental appeal against the appeal of B.
Considerations
The Federal Supreme Court decided that A. had rightly filed the incidental appeal. The wording of Art. 313 CPC does not preclude such an incidental appeal. The purpose and intent of the incidental appeal as a means of defense and counterattack also speak in favor of its admissibility.
A party who has already filed an appeal may, depending on the circumstances, have an interest in exerting pressure on the opposing party by means of an…