Decision on the Amount of the Advance on Costs

Facts

[A. GmbH] (Plaintiff, Appellant) and [B. GmbH] (Defendant, Respondent) had a legal dispute over a management contract for river cruise ships. The Civil Court of Basel-Stadt dismissed the claim of [A. GmbH] and ordered it to pay the court costs and a party indemnity to [B. GmbH] . [A. GmbH] appealed against this judgment to the Appellate Court of Basel-Stadt. The instructing judge obliged [A. GmbH] to pay an advance on costs of CHF 75,000. [A. GmbH] then filed a complaint with the FSCA against the Appellate Court's rulings on the determination of the advance on costs.

Considerations

The FSCA did not enter into the complaint, as [A. GmbH] had not substantiated its indigence. According to the case law of the FSCA, one of the prerequisites for entering into a complaint against an…