Facts
Isidoro Minatti, Pino de Andreis, Giovanni Gobbo and Diomira Minatti had each rented a separate room in Anna Kägi's house. On 7 May 1958, Isidoro Minatti and Pino de Andreis separately filed with the District Court of Zurich claims for reimbursement of overpaid rents, in the amounts of CHF 2'330 and CHF 1'989 respectively. On 20 May 1958, Giovanni Gobbo filed a similar claim for an amount of CHF 2'090, and on 23 May 1958, Diomira Minatti filed a claim for CHF 1'617. Although represented by the same lawyer, the four claimants did not request the joinder of their proceedings. Nevertheless, the District Court ordered the joinder, considering that the claims were based on the same facts and points of law. The District Court granted all the claims in a single judgment. The defendant appealed against the claims of Isidoro Minatti and Giovanni Gobbo.Considerations
The Federal Tribunal considers that Art. 47(1) FJA provides that the various monetary claims made in the same dispute by a claimant or co-litigants must be added together for the calculation of the disputed value, but that this rule does not apply when the claims are filed in separate…