Supplementation of the Federal Supreme Court Judgment on the Regulation of the Cost and Compensation Consequences of the Cantonal Proceedings

Facts

X AG (the landlord) filed a claim on February 4, 2013 with the single judge of the District Court of Dielsdorf and demanded the eviction of Y AG (the tenant) from the business premises. The single judge granted the eviction request. The High Court of the Canton of Zurich overturned the decision of the single judge and did not enter into the landlord's claim.

In its decision of November 19, 2013, the Federal Supreme Court overturned the judgment of the High Court, confirmed the decision of the District Court of Dielsdorf, and obliged the tenant to vacate the business premises. However, with regard to the cost and compensation consequences of the cantonal proceedings, the Federal Supreme Court referred the matter back to the High Court for a new regulation.

Considerations

The Federal Supreme Court found that the operative part of its judgment of November 19, 2013 was incomplete insofar as it did not order a referral to the lower court for a new regulation of the cost and compensation consequences of the cantonal proceedings. This has now been supplemented ex officio.

However, the Federal Supreme Court cannot itself make the specific regulations on the cost and compensation…