Deposit of Rent as a Means of Pressure for Defect Rights

Facts

In this case, it was about a tenancy dispute between B. GmbH (plaintiff) and A. AG (defendant). The plaintiff had asserted various claims against the defendant and deposited the rent for this purpose. The defendant objected to the jurisdiction of the ordinary court, as it was, in its opinion, a commercial matter.

The Federal Court had to clarify whether the deposit of rent under Art. 243 para. 2 lit. c CPC concerns a dispute to which the simplified procedure applies. The term "deposit of rent" is decisive for this.

Considerations

The Federal Court concluded that the term "deposit of rent" in Art. 243 para. 2 lit. c CPC should be interpreted broadly. This not only covers disputes over the deposited rent and the claim for removal, but also all other defect rights under Art. 259a para. 1 CO that the tenant asserts within the framework of the deposit procedure.

The deposit serves the tenant as a means of pressure to enforce not…