Facts
This case concerns a claim for damages that X. is asserting against Metro Bank AG, which is in the process of being liquidated. X. derives the claim from an unlawful act committed by Hugo S. In 1965, Hugo S. was a delegate of the Board of Directors and the Director of Metro Bank AG, whose shares were 95% owned by him.
The lower court had rejected the defendant's plea of the statute of limitations and upheld the claim in full. The Federal Supreme Court partially upheld the defendant's appeal and remanded the case to the lower court for a new decision.
Considerations
The Federal Supreme Court first held that the longer statute of limitations under criminal law pursuant to Art. 60 para. 2 CO applies not only to the civil claim against the perpetrator himself, but also to the claim against the legal entity based on the liability of its governing bodies, provided that there is economic identity between the culpable governing body and the legal entity.
Regarding the binding effect of the criminal judgment on the civil court, the Federal Supreme Court clarified that the civil court may be bound by the criminal court's findings on the act and its unlawfulness, but not by the assessment of guilt. The civil court must independently…