Facts
The case concerns a civil lawsuit in which the defendant party, Y. AG, demanded the personal presence of the plaintiff at the conciliation hearing. However, the plaintiff did not appear in person, but was represented by an employee and a lawyer.
The Federal Supreme Court had to assess whether the plaintiff's failure to appear at the conciliation hearing was permissible under Art. 204 para. 1 CPC or whether this would result in the granted leave to bring the action being invalid.
Considerations
The Federal Supreme Court concluded that the obligation to appear in person at the conciliation hearing under Art. 204 para. 1 CPC also applies to legal entities. Representation by a lawyer alone does not meet the requirements of the provision.
Since the plaintiff did not appear at the conciliation hearing, either in person or through a person authorized to conduct the…