Dismissal of the Appeal against Commission Claims from Brokerage Contract

Facts

- [A.] (Appellant 1) is domiciled in [N.] and is the sole Director and sole Shareholder of [B. AG] (Appellant 2) with registered office in [M.] . - [C. AG] (Respondent) is a joint-stock company whose main purpose is the brokerage as well as the purchase and sale of real estate. It has been working for the Appellants and other companies of Appellant 1 since 2004 and was remunerated for this. - Appellant 1 acquired property No. xxx in 2007 and Appellant 2 acquired property No. yyy in [L.] . The Respondent was involved in these acquisitions. - The Respondent sued for payment of commissions for its activities in the acquisition of the properties. The District Court and the Cantonal Court of Graubünden granted the commission claims. - The Appellants request the FSCA to dismiss the claim.

Considerations

- The FSCA considers the local jurisdiction of the lower courts to be given, as there is a sufficient factual connection between the claims against the Appellants to avoid contradictory decisions in separate proceedings. - The Appellants cannot claim that the purchase of the two properties constitutes two separate legal transactions to be assessed separately, as Appellant 1 acted as the purchaser vis-à-vis the seller and did not clearly separate himself from the companies he controls. - The FSCA considers it an abuse of rights if a party has the Respondent act for it and the contract is…