Facts
Parties:
- A.a[.] and A.b[.] , represented by Advocate Daniel Levy (appellants)
- [Z. GmbH] , represented by Attorney Dr. Peter Reetz (respondent)
- Commercial Register Office Basel-Landschaft, Bankruptcy Office Basel-Landschaft, Land Registry Office Basel-Landschaft
Facts:
- Dispute regarding a claim of [Z. GmbH] against the appellants in connection with the acquisition of a plot of land and the construction of a single-family house in [U.] .
- The Civil District Court Basel-Landschaft East dismissed the claim and ordered the cancellation of the builder's lien.
- The Cantonal Court of Basel-Landschaft partially upheld the claim and ordered the appellants to pay CHF 37,502.40 plus interest.
- The appellants filed an appeal in civil matters with the Federal Supreme Court.
- The bankruptcy proceedings against the GmbH were discontinued for lack of assets and the GmbH was deleted from the commercial register.
- The GmbH waived the resumption of the Federal Supreme Court appeal proceedings.
Considerations
The GmbH lost its legal personality and thus its capacity to be a party with its deletion from the commercial register. This led to the mootness of the proceedings, as there was no opposing party left. The Federal Supreme Court decided that the proceedings must be considered moot, as the GmbH has lost its legal personality and thus no party was represented in the proceedings.
The Federal Supreme Court has a discretionary power in deciding on the court costs. It can base its decision on the presumed outcome of the proceedings CO the principle of causation. Since the mootness was caused…