Facts
B. AG (the Landlord, the Respondent) terminated the lease agreement with A. (the Tenant, the Appellant) due to outstanding rent payments. While the Tenant challenged the termination in court, the Landlord initiated summary proceedings for clear cases for the eviction of the Tenant at the Regional Court of Bern-Mittelland. The court did not enter into the request, as it did not see a clear case within the meaning of Art. 257 para. 1 CPC. Thereupon, the High Court of the Canton of Bern evicted the Tenant. The Tenant filed a civil law appeal, which the Federal Supreme Court upheld and did not pursue the claim further, as the Commercial Court would have been competent.
Considerations
The Federal Supreme Court states that the subject-matter jurisdiction is withdrawn from the parties' disposition and that entering into the incompetent court is not permissible. The requirements of Art. 6 para. 2 CPC are met, as the commercial activity of at least one party is affected, an appeal to the Federal Supreme Court is open against the decision, and both parties are registered in the Swiss Commercial Register.
Although disputes in the so-called core area of tenancy law (including termination and rent disputes) are to be assessed in the simplified procedure according to Art. 243 CPC and not to be decided by the Commercial Court, as per BGE 139 III 457. However, since this is a case of summary proceedings for clear cases,…