Category

Procedure

Category

In its decision of 18 February 2020, the Swiss Federal Supreme Court (SFSC) reiterated its position that Swiss procedural law requires a concrete substantiation of the facts underlying a party’s claim: a general reference to a detailed expert opinion was considered as insufficient substantiation (Case No. 4A_445/2019 (in German)). Below, we will provide a case summary and a short overview on the particularly rigid substantiation duty under the Swiss civil procedure rules. I. The Swiss substantiation…

In a recent judgment of May 8, 2019 (Case No. 13 U 210/17, BeckRS 2019, 12531) based on Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (the “Regulation”), the Higher Regional Court of Frankfurt (the “Court”) held that if a plaintiff opts for a translation of the statement of claim (although such translation is not required under the Regulation), plaintiff is responsible…