Claim for payment of WIR money dismissed

Facts

The plaintiff [A.] sued the defendant [B.] for payment of CHF 32,000.-- plus interest. However, according to a debt acknowledgment dated August 29, 2011, the defendant owed the plaintiff "32,000 WIR". The District Court of Muri and the High Court of the Canton of Aargau dismissed the claim, as WIR money is not a legal currency and the plaintiff could therefore only have sued for payment in WIR money, not in Swiss francs.

Considerations

The Federal Supreme Court upheld the decisions of the lower courts. WIR money is a private monetary system, not a legal currency. Therefore, the creditor of a WIR debt can only demand performance in WIR money, not in Swiss francs. The court may only award payment in the owed private monetary system, not convert it into the national currency. Since the…