Dismissal of the appeal of X. SA in composition liquidation against Y. SA

Facts

X. SA in composition liquidation filed an appeal against [Y. SA] following a contractual dispute. The facts are as follows:

• X. SA and [Y. SA] are two Swiss companies, without any international connection in their contractual relations.
• X. SA alleges that it concluded a deposit contract with [Y. SA] for the storage of wheat in warehouses.
• [Y. SA] is a surveillance company that received and inspected the quantity and quality of the wheat, but did not return the wheat to X. SA.
• X. SA therefore filed a contractual action for damages against [Y. SA] for non-performance of its obligations.

Considerations

The Federal Tribunal dismissed the appeal of X. SA for the following reasons

• The alleged contract cannot be qualified as a warehousing contract, as [Y. SA] did not make a public offer to receive goods in deposit, an essential condition for this qualification.
• The contract cannot be qualified as a deposit contract either, as X. SA failed to prove that [Y. SA] had undertaken to return the wheat to it, an essential obligation of the deposit contract.…