Facts
Tenant X. concluded a commercial lease with landlord Z. for premises in Geneva. On September 11, 2012, Z. terminated the lease, claiming he wanted to recover the premises for his personal use. The tenant contested the termination before the Rental Tribunal of the Canton of Geneva, which declared the notice valid while granting a first three-year lease extension. The tenant appealed, which was rejected by the Rental Chamber of the Court of Justice of the Canton of Geneva on November 23, 2015.
On December 24, 2015, the tenant requested a revision of this judgment, citing new facts that occurred in September and October 2015, i.e. after the case was reserved for judgment by the Court of Justice on December 22, 2014. The Rental Chamber declared this request for revision inadmissible, considering that these facts were not relevant.
The tenant then appealed to the Federal Tribunal, concluding for the admission of his request for revision and the annulment of the notice served on him.
Considerations
According to Article 328 paragraph 1 letter a of the Civil Procedure Code (CPC), revision may be requested when a party subsequently discovers relevant facts or conclusive evidence that it could not have invoked in the previous proceedings, excluding facts and evidence subsequent to the decision.
The Federal Tribunal recalls that the decisive moment for qualifying a fact as prior or subsequent is not exactly the time of the judgment, but the last moment at which…