Facts
The company Entreprises Immobilières S.A. had concluded three lease agreements with Louis Blanchard, Dino Zanotti and Michèle Zanotti for the rental of various premises in a building in Geneva. In September 1973, the lessor informed the tenants that it required the payment of rent quarterly in advance as of December 1, 1973. On March 27, 1974, it served formal notice on the tenants to pay the rent for the quarter from March 1 to May 31, 1974, threatening termination and eviction in case of non-payment within 30 days, in accordance with Art. 265 CO. The tenants paid on May 13, 1974, but the lessor subsequently requested the resumption of the eviction proceedings for the subsequent rents.
The Court of First Instance of Geneva ordered the immediate eviction of the tenants, a decision upheld on appeal by the Cantonal Court of Justice of Geneva. The tenants then appealed to the Federal Tribunal to have the eviction order annulled and to obtain the tacit renewal of their leases.
Considerations
The Federal Tribunal ruled that the eviction proceedings following the termination of the lease for non-payment of rent within the 30-day period set by the lessor under Art. 265 CO is not a civil dispute within the meaning of Art. 46 OJ, but a forced execution procedure governed by cantonal law.
Even if the competent cantonal judge for the eviction can freely examine whether the conditions for it are met,…