Facts
On December 13, 1993, company R. SA filed a request with the Geneva Court of First Instance to consult the accounts under Art. 697h(2) CO. The court authorized the applicant to consult these documents. On appeal by the defendant, the Civil Court of Justice of the Canton of Geneva annulled the contested judgment and dismissed all of the plaintiff's claims.
The plaintiff filed an appeal for reform with the Federal Tribunal, which granted the appeal.
Considerations
The Federal Tribunal examined the admissibility of the appeal ex officio. It considered that the right to consult the annual accounts, consolidated accounts, and auditors' reports under Art. 697h(2) CO is a private law claim that can be the subject of legal action. Although the decision was rendered in summary proceedings, it has the authority of res judicata under federal law, as cantonal law exclusively subjects this claim to summary proceedings.
However, the cantonal court ruled on the basis of a summary and provisional examination, limiting itself to the plausibility of the facts and a restricted taking of evidence. In doing so, it…