Facts
On March 18, 2015, B. AG applied to the Commercial Court of the Canton of Aargau for the issuance of a provisional injunction against A. AG. On March 19, 2015, the court issued a superseding injunction, prohibiting A. AG from using a specific trademark in commercial activities in Switzerland under threat of a penalty of 1,000 Swiss francs per day of non-compliance.
In a decision dated June 19, 2015, the court issued an identical provisional injunction and imposed a penalty of 48,000 Swiss francs on A. AG for a 48-day non-compliance with the injunction.
Considerations
The Federal Supreme Court overturned the Commercial Court's decision regarding the penalty, court costs, and party compensation, and remanded the case for a new decision.
The Federal Supreme Court stated that the penalty under Art. 343 para. 1 lit. c CPC is generally also intended to punish past non-compliance. However, the amount of the penalty must be justified by the purpose of enforcing the judgment to be executed. A schematic imposition of the…