Questione giuridica chiave
Whether the civil appeal was admissible despite the value in dispute being below CHF 30,000 because a question of fundamental importance was raised.
Decisione estratta
No. The alleged issue concerned application of established principles to the concrete case and did not raise a fundamental legal question.
Motivazione estratta
The Court held that ex officio application of the law is undisputed, but the factual basis for set-off must be alleged in a procedurally proper manner. The appellant's complaint concerned cantonal procedural rules and thus was not of fundamental importance under Art. 74(2)(a) BGG.