Facts
The present case concerns the requirements for the motion in an appeal in civil matters to the Federal Supreme Court. The appellant, X. AG, had only requested the annulment of the contested judgment of the Commercial Court of 15 March 2007, without making a substantive motion in the matter. Alternatively, it had requested the remand of the case to the lower instance.
Considerations
The Federal Supreme Court states that in an appeal in civil matters, a substantive motion is generally required. A mere request for annulment or a request for remand is usually not sufficient. Exceptionally, a request for remand may be sufficient if the Federal Supreme Court would not be able to render a judgment itself in the event the appeal is upheld, because the necessary factual findings of the lower instance are missing.
In the present case, however,…