Facts
The case concerns the question of when the time limit for filing a lawsuit with the competent court begins after a non-entry decision by the court seized. The Federal Supreme Court had to decide whether the time limit starts with the service of the non-entry decision or only with its legal force.
The appellant had filed his lawsuit with a court that declared itself incompetent and did not enter into the matter. No legal remedy was taken against this non-entry decision. The Federal Supreme Court now had to clarify when the one-month time limit under Art. 63 para. 1 CPC for filing the lawsuit with the competent court begins to run.
Considerations
The Federal Supreme Court concluded that the one-month time limit under Art. 63 para. 1 CPC in cases where no legal remedy is taken against the non-entry decision begins to run already with the service of the non-entry decision, not only with its legal force.
The Federal Supreme Court justified this by stating that the wording of the law does not expressly mention service, but also does not mention legal force. From this, the Federal Supreme Court concluded that the legislator intended a different treatment depending on whether a legal remedy is taken. Furthermore, the Federal Supreme…