Decision on the Jurisdiction of the Commercial Court in Tenancy Disputes

Facts

This case involved a dispute between X. SA (the appellant) and Y. AG (the defendant) regarding the validity of terminations of lease agreements for business premises. The lower court had declared the Commercial Court to have jurisdiction, which the appellant contested.

The Federal Supreme Court had to determine whether this was a commercial law dispute under Art. 6 para. 2 CPC, for which the Commercial Court would have jurisdiction, or a tenancy law dispute under Art. 243 para. 2 lit. c CPC, which would fall under the simplified procedure before the ordinary courts (or tenancy tribunals).

Considerations

The Federal Supreme Court concluded that the conclusion of lease agreements for business premises generally falls under the term "commercial activity" pursuant to Art. 6 para. 2 lit. a CPC and thus constitutes a commercial law dispute.

However, the regulation of the type of procedure in Art. 243 para. 2 lit. c CPC takes precedence over the jurisdiction regulation in Art. 6 CPC. Accordingly, disputes over protection against termination are to be assessed in the simplified procedure before…