Applicability of the revised Art. 8 UWG to pre-existing contracts

Facts

The subject matter concerns the question of whether the subscription contracts with the fitness studio were extended by twelve months until February 28, 2013, after the appellant had not terminated the contracts by no later than three months before the expiry of the original twelve-month contract term on February 28, 2012. The appellant argued that the extension clause is invalid under the revised Art. 8 UWG.

The Federal Court had to decide whether the new Art. 8 UWG, which entered into force on July 1, 2012, is applicable to contracts concluded before that date.

Considerations

The Federal Court concluded that the revised Art. 8 UWG is not applicable to the pre-existing contract in the present case. Although the UWG does not contain any transitional provisions, the principles of transitional law must be observed according to Art. 1-4 SchlT ZGB.

According to these principles, the legal effects of facts that occurred before the entry into force of a new provision are generally to be assessed under the previous law. Retroactive application of the new law is only exceptionally permissible under Art. 2 SchlT ZGB if the legislative amendment was made for reasons of public order and morality.

In the present case, the automatic…