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Lugano Convention

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In Lugano Convention

Switzerland: Swiss Federal Supreme Court affirms that adversarial proceedings are a prerequisite for an order for payment to be enforceable under the Lugano Convention

by and 3 Mins Read

In its decision of 12 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the enforcement of an order for payment by a court of a Lugano Convention (“LC”) member state in Switzerland (case no. 5A/94/2024 [in French], intended for official publication). Factual background A court in Bologna, Italy, issued an order for payment (so-called “decreto ingiuntivo telematico provvisoriamente esecutive”, which is a “Mahnbescheid” or “Zahlungsbefehl” in German) ordering the respondent in the Italian proceedings (and…

In Enforcement Certificate

Swiss Federal Supreme Court confirms the presumption of an enforceable performance obligation underlying an enforcement certificate under the Lugano Convention

by and 5 Mins Read

In a decision published on 16 January 2024, the Swiss Federal Supreme Court (“SFSC”) ruled on the enforceability of a foreign judgment in Switzerland  (case no. 4A_547/2022 [in German]). Factual background The judgment in question was issued by the Cour de Cassation of France, i.e., a court of a Lugano Convention (“LC”) member state. With its cassation judgment, the Cour de Cassation set aside the judgment of the lower instance insofar as it had ordered the…