Facts
The dispute opposes eight co-plaintiffs (Federation A., Fund B., Federation C., Fund D., E., I. SA, F. SA and G. SA) to the defendant H. The co-plaintiffs accuse H. of inadequate actions in his role as an officer of the bankrupt company J. Sàrl.
On March 27, 2013, the Delegated Judge of the Cantonal Patrimonial Chamber granted the eight co-plaintiffs the authorization to proceed against the defendant H. On April 8, 2013, H. appealed against this decision.
On May 28, 2013, I. SA waived the continuation of its action. On June 3, 2013, the seven other co-plaintiffs brought the action before the competent court.
By judgment of December 4, 2013, the Appeals Chamber of the Vaud Cantonal Tribunal upheld H.'s appeal, annulled the decision of exemption from personal appearance of March 27, 2013, noted the default of I. SA at the hearing and considered that this default had an effect on all the other co-plaintiffs.
The seven co-plaintiffs then appealed to the Federal Tribunal against this cantonal judgment.
Considerations
The Federal Tribunal upheld the appeal and annulled the contested decision.
According to case law, the authorization to proceed issued by the conciliation authority is not a decision subject to appeal. Its validity must be examined by the court seized of the case, within the framework of the examination of the admissibility conditions of the claim.
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