Facts
On February 4, 2020, the debt collection agency B. SA filed a conciliation claim against A. with the President of the Civil Court of the Saane District. It requested that the President undertake a conciliation attempt and, in the event of failure, issue a decision in accordance with Art. 212 CPC, by which A. would be ordered to pay 1,803.60 francs plus interest as well as 73.30 francs and 75 francs in costs, and the objection raised by A. against the payment order would be dismissed.
On February 10, 2020, the President summoned the parties to a conciliation hearing, whereby A. was informed that a decision on the merits could be issued at the request of the plaintiff.
Only a representative of the plaintiff appeared at the conciliation hearing. The President heard the representative of the plaintiff, who requested the issuance of a judgment. The President ordered the submission of a previous file and announced that he would issue his judgment shortly.
By decision of May 15, 2020, the President ordered A. to pay 1,803.60 francs plus interest to B. SA and dismissed the objection against the payment order.
Considerations
The Federal Supreme Court states that the conciliation authority can also issue a decision in the event of default by the defendant party. Art. 234 para. 1 CPC is applicable in such a case.
Although the oral nature of the decision-making procedure under Art. 212 para. 2 CPC does not mean that the conciliation authority can simply ignore a written submission by the defendant party. The conciliation authority must consider the submissions of the parties and must not limit itself to the files of the party that appeared.
However, the decision-making procedure under Art. 212 CPC - with the exceptions pursuant to Art. 247 para. 2 CPC - is subject to the principle of negotiation. The parties must present the facts on which they base their claims and indicate the corresponding evidence. The conciliation authority has an increased…