Dismissal of the request for debt release and partial admission of the counterclaim

Facts

The dispute opposes [A.], a real estate developer, to the company [B. SA], active in real estate. The parties have maintained business relations for several years and have successfully carried out several joint real estate projects.

Subsequently, disputes arose concerning the sums that [A.] had to repay to [B. SA] in the context of these projects. [B. SA] therefore put [A.] in default to pay it 5 million francs, and then requested the release of the opposition formed by [A.] to a payment order for 2 million francs.

[A.] then opened an action for debt release before the Cantonal Court of Valais, which dismissed his action and partially admitted B. SA's counterclaim, ordering [A.] to pay it 2 million francs.

Considerations

The Federal Tribunal upheld A.'s appeal and annulled the contested judgment.

Firstly, the Federal Tribunal considered that Art. 232 para. 2 CPC does not oblige the court to grant the parties a second round of written pleadings, but that the court must nevertheless allow…