Federal jurisdiction denied: counterclaim set-off does not raise amount in disputeKI-generiert

The plaintiff obtained a cantonal judgment ordering the defendant to pay CHF 350 plus interest. On federal appeal, the defendant argued set-off based on several counterclaims, including one exceeding CHF 3,000, and also announced a constitutional complaint. The Federal Court held that the announced constitutional complaint did not delay the civil appeal. It then examined jurisdiction ex officio and ruled that the amount in dispute was only CHF 350, because the CHF 3,000 item had been raised merely as set-off, not as a counterclaim. The Federal Court therefore found itself incompetent and did not enter into the appeal.