Facts
In this case, it concerned conciliation proceedings before the Aach-Thur-Land Tenancy Conciliation Board, where the complainant A. GmbH had failed to appear without excuse. Thereupon, the opposing party B. filed a claim in simplified proceedings with the District Court of Weinfelden. The A. GmbH also failed to appear at the scheduled court hearings, whereupon the court conducted the proceedings in the absence of the defaulting party and decided in favor of the opposing party B.
The A. GmbH contested the decision with an appeal to the High Court of the Canton of Thurgau, alleging a violation of its right to be heard. The High Court dismissed the appeal as unfounded, whereupon the A. GmbH filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court had to clarify how to proceed in simplified proceedings under Art. 245 para. 1 CPC if the defendant party fails to appear at the oral hearing without excuse.
The Federal Supreme Court decided that in this case, a grace period should not be set and the party should not be summoned again by analogy to Art. 223 para. 1 CPC. Instead, the court must conduct the hearing in the absence of the defaulting party and render the decision based on the files…