Facts
The Foundation [A.] (the appellant) is a foundation under Art. 80 et seq. of the Swiss Civil Code (ZGB) based in Bern, which pursues the purpose of "safeguarding the interests of consumers". It has made itself available as a debt collection vehicle to assert claims for damages of around 6,000 vehicle owners against the defendants [B. AG] and [C. AG] in connection with the so-called "diesel manipulation scandal" involving vehicles of the defendant [C. AG] .
The Commercial Court of the Canton of Zurich did not enter into the lawsuit, as the appellant lacked the legal capacity to sue. Its activity as a debt collection vehicle for a multitude of individual claims is not covered by its foundation purpose.
Considerations
The Federal Supreme Court confirmed the decision of the Commercial Court. It stated that the power of representation of the governing bodies of a foundation is limited by the foundation purpose. The interpretation of the foundation purpose must be based on the will of the founders, whereby the purpose as described in the foundation deed must be interpreted relatively narrowly.
The Federal Supreme…