Facts
X AG filed an application with the Commercial Court of the Canton of Zurich for a super-provisional and provisional registration of a contractor's lien in the amount of CHF 91,265.20 plus interest on a property owned by Foundation Y in A. The Commercial Court did not consider the application, as it was not competent for the provisional registration of contractor's liens. The District Court of Zurich also did not consider the application due to lack of subject-matter jurisdiction. Thereupon, the High Court of the Canton of Zurich ordered the Land Registry Office in A. on a super-provisional basis to provisionally register the requested lien. After granting the right to be heard, the High Court upheld the provisional registration for the time being and stayed the proceedings until the Federal Supreme Court's decision on the issue of jurisdiction.
Considerations
The Federal Supreme Court decided that the provisional registration of a contractor's lien constitutes a precautionary measure pursuant to Art. 261 et seq. and Art. 6 para. 5 of the Swiss Civil Procedure Code (CPC). Therefore, the Commercial Courts are competent to order such measures, provided that the main matter…