Facts
In January 1984, Y. Corporation Inc. sued the company X. for payment of an additional claim. The Commercial Court of the Canton of Zurich upheld the claim. On appeal by the defendant, the Federal Court overturned this judgment on November 4, 1986 and referred the matter back to the Commercial Court for further clarification of the facts and a new assessment. On March 31, 1987, the Federal Court rejected the plaintiff's request for revision of the remission decision.
On December 4, 1987, the parties reached a settlement before the Commercial Court. They agreed that the plaintiff would limit its claim to a portion, the defendant would acknowledge the claim to that extent, each party would bear half the court costs and waive any compensation for legal fees. On December 10, 1987, the President of the Commercial Court recorded the case as settled by agreement.
On February 10, 1988, the plaintiff again requested the Federal Court to revise its judgment of November 4, 1986. It sees in the witness statement of December 4, 1987 new significant facts within the meaning of Art. 137 lit. b OG.
Considerations
The Federal Court states that a request for revision is only admissible if the decision on the legal remedy is suitable to provide the plaintiff with the desired substantive legal success. This is not the case here, as the case was settled by an agreement and not by a sovereign act of the court.
A…