Dismissal of the appeal against the lack of jurisdiction of the Geneva courts

Facts

The company Leinenweberei Langenthal A.G. (Tissage de toiles de Langenthal S.A.) has its registered office in Langenthal and operates several retail stores in Switzerland, including one in Geneva. In 1970/71, it commissioned the contractor Jean-Jérôme Gini to carry out renovation and conversion work on the premises of the Geneva store. Gini brought an action against the "Geneva branch" of the company for the payment of the unpaid balance of his invoice. The company contested the jurisdiction of the Geneva courts, arguing that it did not have a branch in Geneva.

Considerations

The Federal Tribunal dismisses Gini's appeal and confirms that the Geneva courts lack jurisdiction ratione loci. Although the company has a store in Geneva, it does not constitute a branch within the meaning of Articles 642 and 935(1) of the Swiss Code of Obligations. The Geneva store does not have the necessary autonomy, being strongly integrated into the main Langenthal business, which makes all important decisions. There is also no appearance of external autonomy vis-à-vis third parties. Consequently, the conditions for the existence of a branch are not met, and the forum of the branch does not apply.

The Federal Tribunal therefore does not need to…