Facts
The company International Business Machines Corporation (IBM) has its headquarters in the United States and has a branch in Geneva. The association Gypsy International Recognition and Compensation Action (GIRCA) brought an action against IBM before the Geneva courts, claiming damages and compensation for moral harm for the Roma who stayed in concentration camps and ghettos during World War II. GIRCA alleges that IBM's Geneva branch provided technical assistance to the Nazis to help them commit crimes against humanity.
The Court of First Instance of the Canton of Geneva declared itself incompetent to hear the case, but the Court of Justice annulled this decision and referred the case back to the Court of First Instance. IBM appealed to the Federal Court, challenging the competence of the Swiss judicial authorities.
Considerations
The Federal Court examined the competence of the Swiss judicial authorities under the Federal Act on Private International Law (PILA). The cantonal court held that the competence of the Swiss courts could be based on the forum of the place of the act or result, in accordance with art. 129 para. 2 PILA.
The Federal Court considered that the theory of double relevance was applicable, which means that the facts justifying both competence and substantive claims must be presumed to be fulfilled for the examination of competence. The cantonal court examined the existence of unlawful activities by IBM's Geneva branch from the angle of likelihood, without anticipating the investigation of the facts of the case.
The Federal Court also examined the notion…