Rejection of a renewed constitutional appeal against the decision of the High Court

Facts

Klimova AG had filed a claim against Tig-Bicord AG for payment of the remaining contract fee. The Cantonal Court of Zug had upheld the claim, but the High Court of the Canton of Zug had dismissed it. Upon the constitutional appeal of Klimova AG, the Federal Supreme Court set aside the decision of the High Court and remanded the case for a new assessment, as the High Court had not taken into account the reservations of the expert regarding the temperature measurements.

In its new decision of 17 January 1984, the High Court again dismissed the claim of Klimova AG. Klimova AG filed another constitutional appeal against this, which the Federal Supreme Court now dismisses, insofar as it can be considered.

Considerations

Pursuant to Art. 66 para. 1 of the Federal Supreme Court Act (OG), the High Court is bound by the legal assessment with which the Federal Supreme Court set aside the previous decision and remanded the case. The parties cannot raise in the renewed appeal proceedings factual or legal issues that were already rejected or not considered in the remand decision.

Klimova AG is now attempting to…