Facts
B. AG (landlord, appellant) and A. AG (tenant, respondent) have been involved in several court proceedings for some time regarding issues in connection with the termination of the lease of retail space at X.strasse 75/77/79 in Zurich as of January 31, 2014 or its extension/continuation beyond that date.
With a claim filed on September 15, 2021, the landlord demanded before the Commercial Court of the Canton of Zurich that the tenant pay it CHF 44,805,529.- plus interest for the period until February 20, 2020 (move-out from the rental property). With this, it is demanding the difference between the market-rate rent for the retail space as of February 1, 2014 and the rent paid by the tenant so far (in the amount of the rent owed until January 31, 2014 plus ancillary costs).
The tenant requested that the claim not be admitted, as on the one hand the Commercial Court is not materially competent to assess the claim and on the other hand the matter has already been adjudicated.
Considerations
The Federal Supreme Court upholds the landlord's appeal. It states that the simplified procedure pursuant to Art. 243 para. 2 lit. c CPC does not apply to claims in which, after termination of the lease relationship and outside of proceedings for the deposit of rent and lease payments, protection against abusive rent and lease payments, contestation of termination or extension of the lease or rental relationship, financial…