Facts
This judgment concerns a dispute between the plaintiff, a Swiss public limited company, and the defendant, an individual residing in Switzerland. The dispute relates to a contract for the sale of real estate concluded between the parties in 2018. The plaintiff filed a request with the Swiss Federal Court to annul the contract, alleging that the defendant had provided false information about the state of the property. The defendant contested the competence of the federal jurisdiction, arguing that the dispute fell within the competence of the cantonal courts.
The procedure began on 10 March 2020, when the plaintiff filed its request with the Swiss Federal Court. The defendant responded on 20 April 2020, contesting the competence of the federal jurisdiction. The Swiss Federal Court rendered its decision on 15 June 2020, after examining the arguments of the parties and the evidence produced.
Considerations
The Swiss Federal Court examined the question of the competence of the federal jurisdiction in civil law matters. According to art. 46 of the Federal Court Act (FSCA), the federal jurisdiction is competent to hear disputes related to contracts concluded between parties having their domicile or seat in Switzerland. The Swiss Federal Court considered that, in this case, the parties had their domicile in Switzerland and that the contract for the sale of real estate fell within the competence of the federal jurisdiction.
The Swiss Federal Court also examined the question of the admissibility of the plaintiff's request. According to art. 99 FSCA, the request must be…