Questão jurídica principal
Whether the Ticino court had territorial jurisdiction over the counterclaim under Art. 6(1) LForo due to material connection with the main action.
Decisão extraída
Yes. For the DM 1,300,000 amount allegedly used to finance the disputed property, the counterclaim was materially connected with the main claim and could be heard together.
Fundamentação extraída
Both claims concerned the same property and the same factual complex: the plaintiff relied on registered ownership, while the defendant asserted he financed the purchase with his own funds. Trying them together avoided contradictory judgments.