Dismissal of the appeal against the refusal to delete an enforcement proceeding

Facts

The appellant, lawyer Dr. [A.] , had represented the respondent, [B.] , in a lawsuit before the District Court of Liestal. The lawsuit concerned non-contractual liability against a scaffolding company and ended with a judgment that dismissed the claim. The respondent then alleged poor performance of the mandate for legal representation and filed a partial claim for lawyer's liability with the District Court of Zurich.

The appellant requested the dismissal of the claim and filed a counterclaim, in which he sought a declaration that he did not owe the respondent anything. He also demanded that the respondent be ordered to pay CHF 98,566.10 plus interest. Furthermore, he requested that the Debt Collection Office Küsnacht-Zollikon-Zumikon be instructed to delete the enforcement proceeding brought against him by the respondent.

The District Court of Zurich dismissed the counterclaim, and the appellant appealed to the High Court of the Canton of Zurich. The High Court dismissed the appeal and confirmed the partial judgment of the District Court.

The appellant filed an appeal in civil matters with the Federal Court and requested that the Debt Collection Office Küsnacht-Zollikon-Zumikon be instructed to delete the enforcement proceeding. The respondent requested the dismissal of the appeal.

Considerations

The Federal Court examined the admissibility of the appeal and found that the appeal was admissible insofar as it was directed against the decision of the High Court, which dismissed the appeal against the partial judgment of the District Court.

The Federal Court dismissed the appeal because the lower court did not have to hold the appellant to the incorrect term "delete", but could interpret the request in the light of the reasoning of the counterclaim. The lower court had found that a "deletion" of the enforcement proceeding, as the…